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2021 Supreme(Bom) 639

DAMA SESHADRI NAIDU
Amin Shaikh – Appellant
Versus
Neeraj Gupta – Respondent


Advocates appeared:
Santosh Bharne, Advocate, Y.V. Nadkarni, Advocate

JUDGMENT

Dama Seshadri Naidu, J. - The petitioner is the lessee, and the respondents are the lessors. Both parties entered into an agreement of lease on 1st June 2015. As the lease was for five years, it had to end by 31st May 2020.

2. On 31st July 2019, however, the respondents terminated the lease on the grounds of non-payment of rent. They required the petitioner to vacate the building. In that context, on 14th August 2019, the petitioner filed Regular Civil Suit No.208/2019/A before the Civil Judge, Senior Division, at Mapusa. The suit contained the following reliefs:

a) For a Decree/Order declaring that the termination of the lease by the defendant no.1 in the manner done in the notice of termination dated 31/7/2019 is contrary to the covenants, terms and conditions of the deed of lease dated 30/5/2015 and as null and void.

b) For a Decree/Order of permanent injunction restraining the defendants, interfering with the Bar & Restaurant business carried out by the plaintiff in the demised premises or from disturbing the peaceful possession of the plaintiff in the enjoyment of the demised premises or dispossessing the plaintiff from the demised premises, for the entire reminder tenur

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