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1974 Supreme(Bom) 140

BHASME
Mohan Sons (Bombay) – Appellant
Versus
Lady Sonoo Jamsetji Jejeebhoy – Respondent


Advocates:
R.B. Andhyarujina i/by S. C. Pratap. Advocate, for Petitioners; M.O. Chinoy i/by M/s. Gagrat and Co., Attorneys, for Opponents Nos. 1 to 4.

ORDER:- The petitioner, a private limited company, is original defendant No. 1 tenant. Respondents Nos. 1 to 4 are the original plaintiffs. They are trustees of the N.M. Wadia Charities, having their office at 22-D Parsi Bazar Street, Fort, Bombay-1. Respondent No. 5 is the original defendant No. 2. It is also a limited company. The plaintiffs had filed a suit against the defendants for possession of the suit premises on the ground that defendant No. 1, the tenant, had sublet a portion of the suit premises in their occupation to defendant No. 2 after May 1959. As this is illegal subletting contrary to the terms and conditions of the tenancy agreement, the plaintiffs were entitled to claim possession of the suit premises. The claim was also based on the ground of arrears of rent from 1-9-1960 to 10-10-1960. Both the defendants had filed separate written statements and resisted the plaintiff's suit claim. One of the contentions raised was that the notice to quit, which was given by the plaintiffs before the institution of the suit was not valid in law. No particulars were furnished in the written statements about the alleged invalidity of the notice to quit. According to defendants N























































































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