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2010 Supreme(Bom) 1271

R.C.CHAVAN
Da'Cunha Associates Private Limited – Appellant
Versus
Dilip Jhangiani – Respondent


Advocates:
Advocate Appeared:
Mr.S.U.Kamdar, Senior Counsel with Mr.Vishal Kanade, Ms Pooja Patil, Mr.Vinay Bandivadekar, Mr. Amit Mehta i/b.M/s. Mahimtura & Co.,
Advocate, for the Applicant Mr.V.A.Thorat with Mr.P.S.Dani, Mr.Karim Vakil, Mr. A.Dasgupta, Mr.Vaibhav Sugadare, Mr.Ravi Kadam, Ms Kusum Mourya i/b.Basant Tilokani & Co., Advocate, for the Respondent Nos.1 to 4 Mr.S.V.Borkar with Mr.V.V.Warerkar i/b.Warerkar and Warerkar, Advocate, for Respondent No.5

JUDGMENT

This Civil Revision Application is directed against Judgment and Order passed by the Appellate Bench of Court of Small Causes reversing Judgment of the Trial Judge dismissing landlord's suit and granting decree of applicant's ejectment.

2. Facts which are material for deciding this Civil Revision Application are as under :-

The Respondent Nos.1 to 4 (original Plaintiffs) are the owners of the property known as Elysium Mansion , 7, Walton Road, Colaba, Mumbai 400 005. Premises known as Office No.9 on the West wing of 4th floor of said building admeasuring 970 square feet are the subject matter of these proceedings. They were let out to Sterling General Insurance Company Limited. On 18th June, 1969 said Sterling General Insurance Company Limited gave these premises on licence to the present applicant. On 30th October, 1969, the applicant claims to have acquired from Indian Cotton Mills Federation a licence in respect of even the remaining 508 square feet of the West wing on the 4th floor known as Office No.10 (not a 4 subject matter of these proceedings) and thus occupies in all 1475 square feet area on the West wing, which, according to Applicant, constitutes one premises.

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