PURSHOTTAM SHANKAR SHETYE Vs. ABHAY SHRIDHAR SHETYE

JUDGEMENT

(1.) By this First Appeal, the appellants (original defendants) have impugned the judgment and order dated 20th March, 2007 passed by the Bombay City Civil Court at Bombay, thereby decreeing the suit filed by the respondent no.1 (original plaintiff) inter-alia praying for recovery of the business premises and for other reliefs and directing the appellants to deliver the said business premises described in the plaint. Some of the relevant facts for the purpose of deciding this First Appeal are as under :-

(2.) Mrs. Malati Rajaram Parshetye was the original respondent no.1 and was the original plaintiff before the Trial Court whereas the Mr. Purshottam Shankar Shetye was the original defendant. Upon demise of the original defendant his legal heirs were brought on record. It was the case of the respondent no.1 that she is the widow of late Shri Rajaram Appa Parshetye who expired on 26th March, 1967. Her late husband was carrying on business of selling Pan, Bidi and Cigarette etc. in the name and style of "Masrice Bidi Works" as owner thereof at Shop No.5, admeasuring 9'x15', Ground Floor, Choksi Building, Ranade Road, Dadar, Mumbai - 400 028 (hereinafter referred to as "the suit premises and its business" for short). The husband of the respondent no.1 was the tenant of the suit premises. It is the case of the respondent no.1 that her tenancy right in the suit premises are still intact and subsisting after demise of her husband. Parties in this judgment are referred to as per their original status before the trial court.

(3.) It was the case of the plaintiff that in the year 1965, her late husband was suffering from illness and was not able to run his business personally in the suit premises and thus decided to give his business for conducting to some needy and fit person who was able to conduct the said business on the basis of Conducting Agreement for the period of 11 months only.