MANEKJI EDULJI MISTRY AND Vs. MANEKSHA ARDESHIR IRANI

JUDGEMENT

(1.) This appeal is by Certificate against the judgment dated 6 November/6 December, 1962 of the Bombay High Court dismissing the appellants' suit filed on 14 September, 1959 against the respondents, inter alia, for possession of suit property.

(2.) By an indenture of lease dated 16 March, 1944 the respondents became lessees of the appellants for a period of 5 years from 1 March, 1943 in respect of the agricultural lands belonging to Jivanji Jamasji Mistry's Adarian Charities. The appellants terminated the tenancy of the respondents by notice to quit dated 25 October, 1955. The notice to quit was effective on the expiry of 31 March, 1957. The appellants without prejudice to the October, 1955 notice gave another notice to quit dated 10 June, 1958 to deliver possession within 7 days.

(3.) The respondents contended that they were protected tenants under the Bombay Tenancy Acts 1939 and 1948 and, therefore, the appellants would not be entitled to possession.