ORDER :- Questions of some significance and importance arise for determination and judgement in this petition filed by the original defendant Shafique Ahmed challenging the order dated Sept. 23, 1977, passed by the Court of Small Causes at Bombay, on his application for setting aside a distress warrant issued to distrain his moveable property at the instance of the opponents herein-the original plaintiffs-Messrs. Jayant Metals Corporation, a partnership firm.

2. As per the case or the plaintiffs, a portion of an open plot of land of which the plaintiffs claim to be lessees from the Trustees of the Port of Bombay, was, under an oral arrangement, given by the plaintiffs to the defendant for storage facilities on payment of storage charges/compensation at the rate of Rs. 122/- per month. The said licence, also called an arrangement, was revoked by the plaintiffs by notice dated Feb. 12, 1977. By subsequent notice dated June 23, 1977, the plaintiffs called upon the defendant to pay the arrears of storage charges. This notice not being complied with, the plaintiffs moved the Court of Small Causes at Bombay on July 12, 1917, for distress warrant against the moveable properties of the defe

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