ASHRAF ABDULLA Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner, carries on business of restaurant in the name and style of M/s. New Lucky Stores and Restaurant as its sole proprietor in Dhanashtra Building at Woodhouse Road, Colaba, Mumbai400 005. M/s. New Lucky Stores and Restaurant is the tenant of Respondent No.3 Reserve Bank of India (R.B.I.) in respect of the ground and first floor of what is called House No.120122 at Woodhouse Road, Colaba, Mumbai400 005. The building belonged to a private party prior to 1947. It was acquired by the R.B.I in about 1947. At that time one Ismail Hussain Dadarkar (Dadarkar) was the tenant of the suit premises. He carried on business in the name and style of M/s. New Army Restaurant and Stores.

(2.) Prior to 1957 Dadarkar appears to have assigned the said business and tenancy rights to Abdullah Mohammed Jaffar, Hassan Jamaluddin, and Nariman Palanji Fitter. These 3 persons assigned the said business and tenancy rights to one Mohammed Gouse Kader (Kader) on 11th January 1957. Kadar agreed to assign and later assigned his business and tenancy rights of the ground floor of the premises to one B.C.Abdulla Abdul Rehman, the Petitioner's father on 2nd February 1959 and 19th April 1959 respectively.

(3.) The Petitioner's father and thereafter, the Petitioner carried on the business of running the M/s. New Lucky Stores and Restaurant on the ground floor of the said House No.120122. The rent receipt was issued for the ground as well as the first floor initially in the name of Dadarkar and after 1959 in the name of M/s. New Lucky Stores and Restaurant. Kadar lived and/or carried on business from one room on the first floor of the said House No. 120122 after he assigned the business of M/s. New Lucky Stores and Restaurant along with the tenancy rights on the ground premises to the Petitioner's father. Since the tenancy rights was earlier in the name of Dadarkar and the tenancy rights was for the ground as well as first floor premises, whilst assigning the tenancy rights of the ground floor under the agreement dated 2nd February 1959 and the Deed of Assignment on 19th April 1959 Kadar and the Petitioner's father "agreed" that the Petitioner's father will not insist upon the transfer of rent receipts to his name and will have no right or claim to the tenancy of the upper floor which was retained by Kadar, but Kadar agreed to pay Rs.45/per month to the Petitioner's father as the assignee in respect of the upper floor and the Petitioner's father agreed that he would pay the entire rent (made up of the amount of Rs.45/given by the Kadar along with the balance of the rent payable in respect of the ground floor) to the landlord of the building who would continue to issue one rent receipt for the ground and upper floor.