JUDGMENT :

1. The First Appeal has been taken up for final hearing at the admission stage by consent of parties.

2. Heard Mr. Pravin Patel, learned Counsel for the Appellant and Mr. Pradeep Thorat, learned Counsel for the Respondent No. 1.

3. The First Appeal challenges the judgment and decree of the learned Judge (C.R. No.9), City Civil Court at Mumbai by which Suit No. 753 of 2016 was decreed against the Appellant/Defendant No. 1 with costs.

4. The operative part of the said order dated 6th May 2021, which is impugned in the First Appeal reads as under:-

“Suit is decreed against defendant No. 1 with costs as under;

Defendant No. 1 and/or anybody claiming through him is hereby directed to remove all his belongings, articles and things from the suit premises within a period of four months from today.

After the removal of all the belongings, articles and things as directed above, defendant No. 1 is perpetually restrained from entering into and/or remaining upon the suit premises.

Plaintiff is entitled to withdraw the amount deposited in the court by defendant No. 1 as per order dated 16.11.2016 passed in Notice of Motion No. 1629 of 2016, after expiry of appeal period.

Suit against defendant No. 2 is dismissed.

A decree be drawn up accordingly.”

5. The Respondent No. 1/original Plaintiff’s case in the Plaint is briefly stated as under:-

(i) Mukund Limited was the erstwhile owner of the Flat No. 5A of the Building known as Sunita at 9-11, Ridge Road, Malbar Hill, Mumbai – 400 006. The Flat No. 5A was inclusive of the suit premises which comprises of a staff quarter admeasuring approx. 80 sq.ft. (carpet area) situated at Room No. 15, 3rd Floor, Staff Quarters, annexed to Suneeta Building. There was an adjoining flat bearing Flat No. 6A which was interconnected with Flat No. 5A and a contiguous part of residential duplex flat in the said building. Mukund Limited was also the erstwhile owner of Flat No. 6A.

(ii) Flat No. 6A was purchased by the Respondent No. 1/original Plaintiff from Mukund Limited vide Agreement dated 6th January 1975 which is duly registered with the Office of Sub-Registrar of Assurances at Mumbai whereas Flat No. 5A was purchased by the Respondent No. 1/original Plaintiff from Mukund Limited vide Deed of Transfer dated 26th March 2014 and which is also duly registered with the Office of Sub-Registrar of Assurances at Mumbai.

(iii) The family of the original Plaintiff comprised of her husband late Viren Shah and her daughter who have been in undisputed use, occupation and possession of Flat No. 5A and Flat No. 6A since 10th June 1971. The late Viren Shah as the then Chairman and whole-time Director of Mukund Limited was given use and occupation of the 5th and 6th Floor Flats along with full-time Driver and Chauffeur at his disposal.

(iv) In the year 1999, Viren Shah was appointed as Governor of State of West Bengal and had to retire as whole-time Director and Chairman of Mukund Limited with effect from 1st December 1999. As part of retirement benefits, Mukund Limited approved and continued Viren Shah’s occupation of Flat No. 5A with suit premises along with car with driver for his exclusive use as well as use of his wife viz. the original Plaintiff. These benefits have been expressly mentioned in a letter dated 28th February 2000 addressed by Mukund Limited to Viren Shah and which benefits were for his lifetime. The said letter dated 28th February 2000 is annexed at Exh.D to the Plaint.

(v) In or around 2003, Mukund Limited deputed the Appellant/original Defendant No. 1 through Respondent No. 2/Original Defendant No. 2 to cater as chauffeur/driver for Viren Shah and his family. Viren Shah expired on 9th March 2013 and till his demise, the original Defendant No. 1 was rendering his services to Viren Shah as a servant and occupying the suit premises. This continued after the demise of said Viren Shah till about 26th March 2014.