TAHERALI KADIBHAI Vs. SAFDARHUSAIN ABDULRAHIM

JUDGEMENT

(1.) This is tenant's revision under Section 29(2) of the Bombay Rent Act against concurrent judgment and decrees of the trial Court and the lower Appellate Court.

(2.) Brief facts are that the revisionist, who was admittedly tenant of the respondent in the disputed premises, filed Suit for declaration and permanent injunction that the landlord - respondent had no right to raise construction in a portion of the tenanted accommodation known as "Deli". The deli is nothing but open land enclosed by boundry wall or some other temporary structure. The landlord purchased the said premises from the previous owner. The landlord intended to raise construction over the deli portion. The tenant revisionist apprehended that the landlord will encroach upon his tenancy right hence he filed Suit for declaration that it be declared that the deli portion is in his tenancy and further sought injunction that the landlord be restrained from raising construction over Deli portion.

(3.) The landlord respondent contested the Suit on the ground that all the allegations made by the tenant revisionist were incorrect and false and that the deli portion was not in the tenancy of the tenant.