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2020 Supreme(Bom) 1097

S.C.GUPTE
Vijay Anant Gangan – Appellant
Versus
Zenabibi Gulam Rasool – Respondent


Advocates Appeared:
For the Appellant : S.C. Naidu, Shamiana Hussain and Anikesh Pujary i/b Rakesh Sawant.
For the Respondents: Ranjeev Carvalho, Hiren G. Shah i/b Prakash & Co., G.S. Godbole and Gauri Sakhardande i/b Tushar Goriadia.

JUDGMENT :

S.C. Gupte, J.

1. This civil revision application challenges a judgment and decree passed by the appellate bench of the Court of Small Causes at Mumbai reversing a decree of dismissal passed by the trial court in an eviction suit and decreeing the suit by ordering eviction of the Applicant herein.

2. The facts of the case may be briefly set out as follows:

2.1 By a lease deed dated 16 August 1949, one Abubaker Gulam Rasool Jerullah ("original lessor") demised a piece or parcel of land known as "Dorachi khar" together with structures standing thereon in favour of one Chunilal Ukabhai Padia ("original lessee") for a period of 30 years. The lease deed inter alia permitted the lessee to construct on the land and own such construction.

2.2 The original lessee erected a building comprising of ground and four upper storeys, which came to be known as "Garment House", and carried on business of power laundry there under the name and style as "The Garment Cleaning Works". In front of Garment House there were two chawl-like structures having about 20 tenements.

2.3 It was the case of the original plaintiffs (i.e. predecessors of the Respondents) that on or about 22 January 1968, after th

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