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RAJESH S. PATIL
Wrangle Investment Limited – Appellant
Versus
Mahendra Builders – Respondent
JUDGMENT :
1. This Writ Petition filed under Article 227 of the Constitution of India, challenges Judgment and Order dated 26th September, 2019 passed by the Court of Small Causes in Interim Notice No. 760 of 2002, thereby permitting the Plaintiff (Respondent No. 1 herein) to carry out the amendment to the plaint i.e. T.E. & R. Suit No.68/73 of 2001, which in pending in the Court Small Causes at Bombay.
FACTS :-
2. One Mr. Mahendra V. Shah filed a T.E. & R. Suit No. 68/73 of 2001, in his capacity as proprietor of M/s. Mahendra Builders, against the present Petitioner and Respondent No. 3, on the ground of sub-letting under Section 41 of the Presidency Small Causes Court Act, for eviction of the Petitioner from the premises situated on the Second Floor of the building known as “CLIFFLET”, Worli, Mumbai, admeasuring around 4000 sq.ft. carpet area, being commercial premises (for short ‘the suit premises’).
3. In the same year of filing the Suit, on 19th September, 2001, Mr. Mahendra Shah died. After the death of Mahendra Shah, on 16th February 2001, his wife Pratibha and his daughter Shirin filed an Interim Notice No.259 of 2002 in the pending suit, to bring them on record in place of a d
In eviction proceedings governed by rent control laws, a landlord need not prove absolute title, only the right to possession. A licensee is estopped under Section 116 of the Evidence Act from questi....
A suit filed by a dissolved partnership firm is not maintainable under Sec. 69 of the Partnership Act, 1932, and the decree should be restricted to the area covered by the original tenancy agreement.
The main legal point established in the judgment is the court's authority to allow the framing of additional issues in a suit, despite the opposition of the Respondent, when it deems it necessary for....
The duty of the advocate to obtain relevant instructions and the need to avoid penalizing litigants for unintentional omissions.
The death of a partner in a partnership firm does not cause abatement of appeals against the firm under Order XXX of the Code of Civil Procedure.
Tenancy rights persist despite property destruction; claims of tenancy surrender require substantial proof, as verbal agreements are recognized under law.
One legal heir can represent the estate in Rent Act suits without needing all heirs to be added, provided there is no fraud or collusion.
Eviction of partners from unregistered firms must adhere to statutory provisions of the Indian Partnership Act regarding legal standing and misrepresentation in earlier suits.
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