SHAH AND CO BOMBAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this writ petition, under Art. 32, the petitioner seeks to have quashed, the proceedings taken by the respondents, by way of requisitioning the premises, in question, and also to have the requisition order, dated September 24, 1966, cancelled.

(2.) The circumstances, under which this writ petition has been filed, may be briefly noted. The petitioner is a partnership firm, carrying on business of importers and dealers in wines and provisions and drugs and medicines, in Bombay. One Mrs. Dorethea Kumpig Leo, who was a tenant of shop No.1, on the ground floor of a building known as Sitaram Building, in C-Block Dadabhoy Naoroji Road, Fort, Bombay, was carrying on business of boot and shoe makers, in the name and style of Messrs. Lee and Co. She was also a tenant of Flat No. G-8/9, situate in the first floor of the same building and also of godown No. H/5, in the same building. The said flat, as well as the godown were occupied by Mrs. Dorethea, as tenant, in connection with and for the purposes of her shoe business.

(3.) By an assignment deed, dated August 18, 1964. Mrs. Dorethea Kumping Leo is stated to have assigned, in favour of the petitioners, the whole of her business, as a going concern together with the name and goodwill, as also the assets, furniture, fixtures, articles and stock-in-trade, belonging to the said shoe business, together with the full benefit of the tenancy and occupancy rights in the premises, viz., the shop, the flat and the godown, for a sum of Rs. 15,000. The recital in the document is that the parties have agreed that out of the purchase price of Rs. 15,000, Rs. 1,000 is the price of the furniture, fittings, articles and things and stock-in-trade, which have been already delivered over to the assignees, the petitioners. The further recital is that the assignor assigns and transfers to the assignees, all her beneficial interest and goodwill in the business carried on by her, in the name and style of M/s. Lee and Co., and as incidental to such assignment, the assignor transfers her entire interest in the tenancy of Shop No. C-1, on the ground floor, flat No. G/8/9, on the first door and the godown, N. H/5, in the premises, known as Sitaram Building, in Dadabhoy Naoroji Road, Bombay. There is also a recital to the effect that no cash consideration has been paid by the petitioners, as assignees, to their assignor, for the transfer, in their favour, of the tenancy rights, but, on the other hand, those rights are being transferred to them, as incidental, to the sale of the business, as a going concern.