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HIGH COURT OF BOMBAY
M.M. Sathaye, J
Sharan Builders – Appellant
Versus
Pushpa Narain Kanugo – Respondent
| Table of Content |
|---|
| 1. factual background involving suit for eviction and license disputes. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. arguments concerning locus standi of non-owner firm in eviction proceedings. (Para 12 , 13) |
| 3. estoppel prevents licensees from challenging the licensor's title. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. eviction suits are distinct from title suits; landlord's title not strictly at issue. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 5. perverse appreciation of evidence by lower courts regarding ownership. (Para 29 , 30 , 31 , 32 , 33) |
| 6. applicability of section 116 of evidence act over statutory explanation bars. (Para 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44) |
| 7. court order directing eviction and commencement of mesne profits inquiry. (Para 45 , 46) |
JUDGMENT :
1. The Petitioner is Original Plaintiff No.1/licensor and Respondents are legal heirs of original Defendant / licensee. The Petition is filed challenging impugned judgment and decree dated 08.04.2005 passed by the Appellate Bench of the Small Causes Court at Mumbai, at Bandra in Appeal No. 166 of 2002. By this judgment and decree, the Appeal filed by the Petitioner is dismiss
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