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2010 Supreme(Bom) 1225

R.C.CHAVAN
A. P. Hordiwala & Co. – Appellant
Versus
Rustam J. Patel – Respondent


Advocates Appeared:
For the Applicants:Chirag Balsara i/b. Maneksha & Sethna, Advocates.
For the Respondents:R.A. Mirza, Advocate.

Judgment

This Revision Application is directed against Judgment of the Appellate Bench of the Court of Small Causes upholding the decree of ejectment of the Applicants passed by the learned Trial Judge in RAE Suit No.1298 of 1968.

2. According to the parties, on 24th September, 1856 one Framjee Nusserwanjee leased out with effect from 1st January, 1855 to one Cammoo Yacoob a 100 x 30 yards piece of land presumably with a godown bearing No.28 at Colaba, Mumbai for a period of 99 years. The Lease Deed also gave an option to said Cammoo Yacoob to seek renewal of lease for a further period of 99 years. It is not in dispute that the Plaintiff - trust are successors in interest of said Framjee Nusserwanjee and the interest of Cammoo Yacoob fell upon Cammoo Yacoob Charitable Trust. The original Defendant Nos.1 to 7 were the trustees of the said Cammoo Yacoob Charitable Trust.

3. The Plaintiffs claimed that the lease of Cammoo Yacoob Charitable Trust expired on 1st January, 1954. Yet the lessees continued to possess the property. By notice dated 5th October, 1960, the lessors terminated the tenancy, if any, of the lessees, that is, Cammoo Yacoob Charitable Trust and by notice dated 20th J















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