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2013 Supreme(Bom) 1200

ROSHAN DALVI
Kewal Kishan Aggarwal – Appellant
Versus
Board of Trustees of the Port of Mumbai – Respondent


Advocates Appeared:
For the Plaintiffs:Zal Andhyarujina, a/w. A.S. Dayal, Advocates.
For the Defendants:U.J. Makhija, Adv. i/b. M.V. Kini & Co., Advocates.

JUDGMENT

1. 7 leases in favour of the Plaintiffs for 7 contiguous lands executed on 7 different dates have all expired on 10th December, 1978. The Plaintiffs desire the leases to be renewed for a further period of 99 years as envisaged in the renewal clauses. The Defendants contend that the suit is barred by the law of limitation as also on principles of Res-judicata aside from a denial of the requirement of renewal of the leases on merits.

ISSUES

1. Whether the suit is barred by the law of limitation.

2. Whether the suit is barred by principles of res judicata or principle analogous to res judicata.

3. Whether the Plaintiffs are entitled to renewal of the 7 leases in favour of the Plaintiff.

4. Whether the Defendant No.1 accepted and acquiesced in the renewal of the leases in favour of the Plaintiffs.

5. What relief, if any, are the Plaintiffs entitled to?

2. Issue Nos. 1 and 2 would be require to be tried as preliminary issues under the provisions of Order 14 Rule 2 of the CPC. These issues are agreed to be tried as preliminary issues upon questions of law and admitted facts by arguments on behalf of both the parties.

3. Issue No.3 is also agreed to be tried on arguments of counse






























































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