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2015 Supreme(Bom) 404

K.R.SHRIRAM
Mridangraj Hiralal Suchak alias Barfiwalla – Appellant
Versus
Bank of Baroda – Respondent


Advocates Appeared:
Mr. Rohit Kapadia, Sr. Advocate a/w Mr. Atith Shukla i/by Mr. Ashok G. Toraskar for appellants.
Mr. P.S. Dani Sr. Advocate a/w Mr. A.R. Bamne i/by M/s. A.R. Bamne & Co. for respondents.

JUDGMENT

K.R. SHRIRAM, J.

1 Both, the plaintiff and defendant before the trial court have filed independent Civil Revision Applications. The plaintiff decree-holder has filed Civil Revision Application No.790 of 2012 and the defendant has filed Civil Revision Application No.406 of 2012. Both the Civil Revision Applications can be disposed by this common judgment. For convenience, the description of the parties in the trial court is maintained.

2 Facts, in brief, that led to the filing of the said two revision applications are as under:

3 The suit property being commercial property consisted of three shops on the ground floor of a building by name “Coronation” at Block No.C5759, Vithalbhai Patel Road, Mumbai 400 004. It is situated at C.P. Tank junction which is one of the busiest locality in that part of Mumbai, a junction of 5 roads and had access to it from the main road itself. The said 3 shops were joint together and the total area of the premises was 2255 sq. ft. (the suit premises).

4 The plaintiff was not the owner of the suit premises but a tenant and inducted the defendant as a licensee. In the year 1969, the plaintiff had inducted the defendant as the licensee for a period o





















































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