Advocates:
['S M KAZI', '', 'S/SHRI I C MULLAJI AND', 'PRAMESH VAKIL', 'SHRI U G TAHILIANI FOR', '', 'R NOS TO']

DSS

J-wp-5339, 5247, 5337,5338 & 5340-93

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 5339 OF 1993

WITH

WRIT PETITION NO. 5247 OF 1993

WITH

WRIT PETITION NO. 5337 OF 1993

WITH

WRIT PETITION NO. 5338 OF 1993

WITH

WRIT PETITION NO. 5340 OF 1993

Bijaysingh Mansingh Baid & anr.

..

Petitioners

vs.

Biharilal L. Raheja and ors.

..

Respondents

Mr. Vivek R. Walavalkar a/w. Mr. Sameer Bhalekar a/w. Ms Preeti

Brahmania i/b S.M. Kazi for the Petitioners in all petitions.

Mr. P.S. Dani, Sr. Advocate a/w. Mr. Kunal Bhanage for Respondent

No.2-R.W. Raheja in all petitions.

CORAM : M. S. SONAK, J.

Date of Reserving the Judgment

:

15 July 2015.

Date of Pronouncing the Judgment : 15 September 2015.

JUDGMENT :-

1.

The learned counsel for the parties agree that these petitions

can be disposed of by common judgment and order.

2.

In all these petitions, the challenge is to the common

judgment and order made by the Division Bench of the Small Cause

Court at Bombay (Appeal Court) reversing the decree dated 8

September 1989 made by the Small Causes Court (Trial Court) and

dismissing the suits instituted by the petitioners-landlords, seeking

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eviction of the respondents from the suit premises. The common

issues of law and fact arise in these matters. Accordingly, it would

be appropriate if these batch of petitions are disposed of by common

judgment and order. The learned counsel for the parties urged that

Writ Petition No. 5339 of 1993 be treated as the lead petition.

3.

The petitioners-landlords are the present owners of the

building known as 'Sagar Bhavan' (formerly known as 'Shastri

Building') bearing street No. 147, situated at Princes Street, Bombay-

400 002, which is acknowledged as one of the prime commercial

locations in Mumbai. V.S. Kalelkar, the former owner of the building,

sometime prior to 1966, let out to one Lachmandas C. Raheja

(Raheja), two rooms on second floor of said building (suit

premises) .

4.

The petitioners-landlords purchased the building Sagar

Bhavan, including the suit premises therein by Deed of Conveyance

dated 15 April 1971. Even prior to such purchase, the former owner

V.S. Kalelkar, by notice dated 26 November 1966 had purported to

terminate the tenancy of the Raheja, inter alia on the ground that

Raheja had changed the user from residential to non-residential;

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that Raheja had acquired alternate residential premises in the

adjoining building known as Zaveri Building; and that Raheja had

unlawfully divided the suit premises comprising two rooms into four

compartments and sub-let the same.

5.

In response to termination notice dated 26 November 1966,

addressed an evasive letter dated 7 January 1967 claiming that

circumstances were explained to Kalelkar and Kalelkar expressed

satisfaction at the explanation. Kalelkar, rejoined by letter dated 20

January 1967 denying expression of any satisfaction and

substantially reiterating the contents of notice dated 26 November

1966.

6.

The petitioners-landlords, consequent upon purchase of the

building Sagar Bhavan, including the suit premises, caused legal

notice dated 27 October 1971 to be served upon Raheja, once again

alleging change of user, acquisition of alternate residential premises

and unlawful sub-letting and demanded the possession of the suit

premises. Similarly, by notice dated 28 October 1971, the

petitioners-landlords, through their advocate, called upon

respondent Nos.2 to 5 to explain under what arrangement or writing

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they have been occupying the suit premises. Inquiry was also made

with regard to rents, which the said parties have been paying and to

whom.

7.

As there was no response, the petitioners-landlords instituted

R.A.E.