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2018 Supreme(Bom) 1814

M.S.SONAK
Nanji Sunderji Sejpal – Appellant
Versus
Vithuram Shivlal Lahoti Denagi Trust – Respondent


Advocates Appeared:
Girish G Togani, Adv.

JUDGMENT :

M.S. Sonak, J.

Heard Mr. Girish Togani, learned Counsel for the Petitioner.

2. The challenge in this petition is to the order dated 11th April, 2017 made by the learned trial Judge dismissing the petitioner's application under Order VII Rule 11(a) of the Code of Civil Procedure (CPC).

3. Mr. Togani, the learned Counsel for the Petitioner submits that this is a case where the plaint discloses no cause of action. By way of elaboration, Mr. Togani submits that the suit seeking the petitioner's eviction from the suit premises is not maintainable because the petitioner is admittedly lessee in respect of the suit premises. He submits that there is a clause in the leasedeed for renewal the lease term. In pursuance of such clause, the petitioner has in fact exercised the option for renewal. He relies on State of U.P. and Others Vs. Lalji Tandon (Dead), (2004) 1 SCC 1, to contend that where a covenant for renewal exists, its exercise is an unilateral act of the lessee, and the consent of the lessor is unnecessary. Mr. Togani submits that these factors warrant the rejection of the plaint on the ground that it fails to disclose any cause of action.

4. Mr. Togani further submits that the
























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