RAJESH S. PATIL
Hindustan Petroleum Corporation Ltd. – Appellant
Versus
Piroza Parvez Driver – Respondent
JUDGMENT :
RAJESH S. PATIL, J.
1. These Civil Revision Applications are filed by the original Defendant, challenging the concurrent findings recorded by the Trial Court in eviction suit filed under Section 41 of the Presidency Small Cause Courts Act, 1882 (for short “PSCC Act”) and in enquiry under Order XX, Rule 12 of the Code of Civil Procedure (‘CPC’ for short), and as confirmed by the Appellate Bench of the Court of Small Causes, Mumbai.
2. The Respondents are the original Plaintiffs, who are the landlords of the property bearing Survey No.13 (part) corresponding CTS No.458, area admeasuring 1204 sq. yards (962.10 sq. mtrs.) situated at village Oshiwara, near Oshiwara Bridge, S.V. Road, Jogeshwari (West), Mumbai – 400 102 (for short “the suit premises”).
3. The Applicants are the original Defendants before the Small Causes Court, Mumbai. The parties are hereinafter referred to by their nomenclature as per the Trial Court.
4. The Plaintiffs had executed Lease Deed 24 July 1961, in favour of defendant, for a period of 20 years. After lease period came to an end, the plaintiff issued a legal notice on 18 April 2001, terminating the Lease Deed. The said termination notice was replied by
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