Advocates:
['SHRI SACHIN V DHAKEPHALKAR', '', 'V P FILED IN C A', 'SHRI MADHAV JAMDAR', 'FOR']

IN

IN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

THE HIGH COURT OF JUDICATURE AT BOMBAY

THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL

CIVIL

CIVIL APPELLATE JURISDICTION

APPELLATE JURISDICTION

APPELLATE JURISDICTION

WRIT

WRIT

WRIT PETITION NO. 222 OF 1993.

PETITION NO. 222 OF 1993.

PETITION NO. 222 OF 1993.

Shri Nariman Hormusji,

]

since deceased through his legal

]

heirs and representatives;

]

1A. Smt. Mani Nariman Hormusji,

]

aged 84 years, occ. Housewife,.

]

residing at: Bhiwandi House,

]

92, August Kranti Marg,

]

Mumbai - 400 036.

]

1B. Smt. Zarine Rohington Ganjia,

]

age 45 years, Occ. Housewife,

]

r/at Flat No.402, 4th floor,

] .. Petitioners

Vatcha Gandhi Building, Vatcha

] Legal heirs of

Gandhi Road, Mumbai - 400 007. ] deceased Petnr.

Versus

Behram-Gore Pochkhanwala, only legal ]

heir and representative of deceased

]

Mrs. Khorshed Peshtom Pochkhanawala, ]

residing at Bhiwandi House, 92,

] .. Respondent

August Kranti Marg, Bombay - 400 036. ] (Org. Defdt.)

Mr. P.K. Dhakephalkar for the petitioners.

Mr. Milind Jamdar for the respondent No.1.

ALONGWITH

ALONGWITH

ALONGWITH

WRIT

WRIT

WRIT PETITION NO. 3195 OF 1993

PETITION NO. 3195 OF 1993

PETITION NO. 3195 OF 1993

Shri Nariman Hormusji,

]

since deceased through his legal

]

heirs and representatives;

]

1A. Smt. Mani Nariman Hormusji,

]

aged 84 years, occ. Housewife,.

]

residing at: Bhiwandi House,

]

92, August Kranti Marg,

]

Mumbai - 400 036.

]

1B. Smt. Zarine Rohington Ganjia,

]

age 45 years, Occ. Housewife,

]

r/at Flat No.402, 4th floor,

] .. Petitioners

: 2 :

Vatcha Gandhi Building, Vatcha

] Legal heirs of

Gandhi Road, Mumbai - 400 007. ] deceased Petnr.

Versus

Behram-Gore Pochkhanwala, only legal ]

heir and representative of deceased

]

Mrs. Khorshed Peshtom Pochkhanawala, ]

residing at Bhiwandi House, 92,

] .. Respondent

August Kranti Marg, Bombay - 400 036. ] (Org. Defdt.)

Mr. P.K. Dhakephalkar for the petitioner.

Mr. M. Jamdar for the respondent No.1.

CORAM: ANOOP V. MOHTA, J.

DATED: 11TH AUGUST, 2005

ORAL JUDGMENT. :

1.

Both these Writ Petitions are arising out of a

common judgment and order passed by the Additional Chief

Judge of Small Causes Court (for short "Appellate

Court") at Bombay dated 28th September, 1993, whereby,

both the Appeals filed by the common petitioners/heirs

of the original petitioner - paying guest - in both

these Writ Petitions have been dismissed and confirmed

the common judgment and order passed by the Small Causes

Court (for short "Trial Court") and resultantly

dismissed the Declaratory Suit No. 1590/5450 of 1974

filed by the petitioners and confirmed the suit for

: 3 :

possession filed by the respondent-owner (now deceased)

[for short "the respondent-owner"]. Therefore, these

two separate Writ Petitions by the common petitioners

(heirs) against common respondents (heirs).

2.

The premises is a flat on the second floor of

Bhiwandi House standing at 92, August Kranti Marg,

Bombay - 400 026, which consists of a hall and three bed

rooms, a kitchen, bathrooms and WCs. The original

petitioner (deceased petitioner) expired on 1/12/2002

The paying guest (petitioners heirs referred as "paying

guest"), when he was a bachelor in the year 1958 used to

reside with his mother in the suit premises i.e. one

big room facing to the road, separate bathroom and

lavatory with a common passage and kitchen in the said

flat. After marriage, the deceased petitioner has been

living with his wife, mother and daughter. There was no

written agreement of any kind with the deceased

respondent. Mrs. Khorshed Peshtom Pockhanawala. The

additional amenities have been provided to use gas for

cooking and electricity. The decea