SHREEDHAR GOVIND KAMERKAR Vs. YESAHWANT GOVIND KAMERKAR

JUDGEMENT

(1.) Leave granted.

(2.) Parties herein are brothers. The dispute between them is tenancy right in respect of a premises known as 'Navalkar Building' situate at N.C. Kelkar Road, Dadar in the town of Mumbai. Appellant herein allegedly acquired the said tenancy right in terms of a deed of assignment entered into by and between him and one Saraswati Balkrishna Pawar and three others. One Krishna Tatoba Pawar alias Balkrishna Tatoba Pawar was the original tenant of the said premises. He was running a hair cutting saloon therein under the name and style of 'Anant Hair Dressing Saloon'. He died leaving behind him the assignors of the said deed of assignment dated 18.01.1966. The business as also the tenanted premises was assigned for valuable consideration. He was allegedly carrying on business therein. Leave and licence agreement was executed by him in relation to the self-same premises in favour of one Shri Walke on 01.02.1970. The said Walke was running a business in the said premises under the name and style of 'Deepak Provisional Store'. A dispute arose between the parties resulting in initiation of a proceeding under Section 145 of the Code of Criminal Procedure. The properties were attached. The said Walke also filed a suit. The said suit is said to have been compromised. Appellant herein is said to have obtained possession of the said premises on 23.03.1978, whereafter he started a business under the name and style of 'Shree Medico'.

(3.) The parties hereto i.e. the three brothers, entered into a partnership on 01.04.1971. The same was dissolved on 31.03.1977, inter alia, on the premise that the appellant had been claiming full ownership in relation to the said tenanted premises as also the business in Shree Medico. A suit was filed by Respondent No.1 in the City Civil Court, Mumbai, which was registered as S.C. Suit No.5903 of 1981 wherein, inter alia, the following prayers were made :