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2012 Supreme(Bom) 1964

MOHIT S.SHAH, N.M.JAMDAR
Nandini J. Shah – Appellant
Versus
Life Insurance Corporation of India – Respondent


Advocates Appeared:
For the Appellants:P.K. Dhakephalkar, Senior Advocate with Ms. Sonal i/by Pillai & Co., Advocates.
For the Respondents:Harihar Bhave, Advocate.

Judgment

N.M. Jamdar, J.

This appeal takes exception to the order passed by the learned Single Judge confirming the order of eviction passed against the appellants by the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 in favour of the Respondents-Life Corporation of India.

2. The Respondent – Life Insurance Corporation has sought eviction of the appellants on the ground that the recorded tenant-Smt.Vilasben Shah who was the mother of appellant No.1 had sublet the premises in favour of three private limited companies and the appellant No.2 partnership firm.

3. The premises in question is an office admeasuring 258 sq.ft. The building in which it is situated is almost 100 years old. The building belongs to Respondent-Corporation. The premises have been in the use of the family of the appellants as a tenant for last several decades. Since prior to 1937, P.T. Shah, the grand-father of appellant No.1 was the tenant of the premises. P.T. Shah was practising as an Income Tax Consultant. His son, Jayant P. Shah, assisted him in the consultancy. After P.T. Shah expired the consultancy was continued by Jayant P. shah and the tenancy rights of the premi

























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