TUSHAR HIMATLAL JANI Vs. JASBIR SINGH VIJAN

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal is directed against the order dtd. 30/7/2024 passed by the High Court of Bombay (High Court) restraining the Appellant from dispossessing Respondent No. 1 or creating any third-party interest in the disputed premises.

(3.) The facts leading to the instant appeal are that the Appellant's father was the owner of a plot admeasuring 22,000 square feet bearing C.T.S. Nos.443(part), 451(part), 452A(part) at Vittalwadi, Ghatala Village, Chembur, Mumbai. Out of the said area, the Appellant's father leased out 11,250 square feet i.e. the subject land, to a partnership firm, namely M/s Silver Chem (India)/Respondent No.2, which was owned by the Vijan family members in 1972. It seems that upon the death of his father, the entire property devolved upon the Appellant. The Appellant terminated the above-mentioned lease agreement vide notice dtd. 11/2/2008 and, in furtherance thereof, filed Eviction Suit No. 119/148 of 2008 before the Small Causes Court at Bombay (Small Causes Court).