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2019 Supreme(Bom) 1741

DAMA SESHADRI NAIDU
Ishwarlal Vrajlal Mistry – Appellant
Versus
Manohar U. Shetty since deceased through Lrs. – Respondent


Advocate Appeared:
For the Petitioners:G.S. Godbole along with N. Wadikar, Mangesh Bansod i/by Law Loyals, Advocates.
For the Respondents:A.M. Vernekar along with R.B. Patil, Advocates.

JUDGMENT :

1. Heard finally at the admission stage by the parties’ consent.

2. There are two writ petitions: W.P. No.13100 of 2018 and W. P. No.13102 of 2018. They both impugn an interim order passed by the Appellate Bench of the Small Causes Court. To elaborate, the impugned orders stay the operation of the decree secured by the respondent-landlord subject to the writ petitioners’ paying interim compensation.

3. If I go through the details, I note that in 1961 the respondent Trust leased out 435 sq. yards open space to the petitioners in W.P. No.13100 of 2018. The Petitioners could raise a structure and use it for the next 40 years. A formal agreement, it seems, was executed in 1964. Both the Trust and the petitioners-original tenants agreed that the tenants could construct four floors, that is ground-plus-three floors. The initial lease was 40 years, to be renewed one more term: 40 more years.

4. During the lease period, in 1963 the original tenant raised a structure. He constructed five shops on the ground floor and started using three upper floors as lodgings for prospective customers. Similarly, the Trust has leased out the terrace portion of an existing building in the same compo

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