D.Y.CHANDRACHUD, R.P.SONDURBALDOTA
Little & Co. – Appellant
Versus
Estate Officer – Respondent
DR. D.Y. CHANDRACHUD, J.
1. Rule. With the consent of all the Learned Counsel, the Petition is taken up for hearing and final disposal. Counsel for the contesting Respondents waive service.
2. The First Petitioner which is a partnership firm of Advocates and Solicitors, obtained under an agreement dated 5 July 1923, premises situated on the third floor of what is known as Central Bank Building at Fort, Mumbai, from the predecessor-in-interest of the Second Respondent. The Second Respondent is the Central Bank of India. On 3 November 1924, a Deed of Assignment was executed between the outgoing partners of the First Petitioner and the continuing partners to which the Second Respondent was a party. The First Petitioner is thus a tenant of the Second Respondent of the premises situated on the third floor since 1923. On 17 October 1961, in a suit which was instituted by the then partners of the First Petitioner against the Third Respondent, Consent Terms were entered into between the parties. Under the Consent Terms, the Third Respondent was treated to have retired from the partnership firm. Clause 17 of the Consent Terms provided that the Third Respondent, so long as he contin
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