SUMER CORPORATION Vs. VIJAY ANANT GANGAN

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned order passed by the High Court of Judicature at Bombay dtd. 5/11/2020 in Civil Revision Application No. 357 of 2017 by which while admitting the revision application preferred by the contesting respondents herein - original revisionists against the judgment and decree passed by the Appellate Bench of the Court of Small Causes at Mumbai and while staying the judgment and decree passed by the Appellate Bench, the High Court has directed the respondent No. 1 - original revisionist to deposit Rs.2,50,000.00 per month towards the compensation / mesne profit, the original lessor has preferred the present appeal.

(2.) At the outset, it is required to be noted that the property in question is situated in Worli area of Mumbai, which is in the heart of the city, at a very prominent place. The land on which the superstructure is constructed by the lessor was leased by the lessee by Lease Deed dtd. 16/8/1949 for a period of 30 years. The original lessee erected a building comprising of ground and four upper storeys, known as "Garment House". In front of the "Garment House", there were two chawl-like structures having about 20 tenements. According to the original plaintiffs - lessors, on or about 22/1/1968, after the death of the original lessor, his legal heirs entered into a supplementary indenture of lease permitting the original lessee to demolish the old structures standing on the property and erect new structures. The duration of the supplementary lease was for a period of 98 years commencing from 1/2/1968.

(3.) Shri C.U. Singh, learned Senior Advocate appeared on behalf of the appellant and Shri Shekhar Naphade, learned Senior Advocate has appeared on behalf of the contesting respondent - original revisionist. Shri Siddhartha Dave, learned Senior Advocate has appeared on behalf of some of the respondents, who also claim right, title and interest in the property in question.