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2015 Supreme(Bom) 772

N.M.JAMDAR
Shekhar Narayan Shetty – Appellant
Versus
Madhavlal Pittie – Respondent


Advocates Appeared:
For the Applicant:A.A. Kumbhakoni, Sr. Advocate i/b Akshay Shinde, Advocate.
For the Respondents:Zal Andyarjuna a/w Haresh Meghani, Dhun Chhappagar, i/b D.J. Kamdin & Co., Advocates.

Judgment :-

1. Rule. Rule made returnable forthwith. Respondents waives service. Taken up for final disposal by consent.

2. The Respondent No.1 is appointed as a receiver by order of this Court dated 21 July 1967 in respect of property known as Shivlal Motilal Mansion/Compound, comprising of several buildings, bearing Municipal House Nos. 1 to 23 at Dr. Bhadkamkar Marg ,Bombay Central, Mumbai. One Simon Pinto was a tenant of Room No.1, Flat No. E-22 on third floor of the building. Respondent Nos. 2 and 3 are heirs of the said Simon Pinto. Respondent No.1-landlord filed R.A.E. Suit No. 1569/1998 in the Small Causes Court, Mumbai. Suit was filed on the ground that Respondent Nos. 2 and 3 sub-let the suit premises in favour of the applicant. It was also contended that the applicant thereafter carried out various additions and alterations of permanent nature without the consent of Respondent No.1. The learned Small Causes Court by its judgment and decree dated 10 August 2006 decreed the suit. Thereafter the applicant filed an Appeal No. 565/2006 before the Appeal Bench of the Small Causes Court.

3. After the Appeal was heard by the Appeal Bench, on 7 May 2014, the Appeal Bench comprisin




















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