ZENNA SORABJI Vs. MIRABELLE HOTEL CO PVT LTD

JUDGEMENT

(1.) These two petitions arise out of the judgment of the Bench of the Court of Small Causes in Appeal No. 343 of 1973 and Appeal No. 316 of 1973. These two appeals in their turn arose out of the R.A.R. Suit No. 510/4293 of 1963 filed by the Trustees of the Lotus Trust, Bombay. The suit was filed by the Trust for eviction of the various defendants. The suit was decreed by the trial Court against all the relevant defendants. Appeal No. 316 of 1973 was, therefore, filed by the original defendant No. 2 and Appeal No. 343 of 1973 is filed by the original defendant No. 3. The appeal of original defendant No. 2 was dismissed by the Bench of the Small Causes Court (hereinafter, the 'Bench') whereas Appeal No. 343 of 1973 was allowed by the Bench. Hence Spl. C. A. No. 537 of 1975 has been filed by the Trust against the decree in Appeal No. 343 of 1973; whereas Civil Revision Application No. 62 of 1975 has been filed by the original defendant No. 2 against the decree in Appeal No. 316 of 1963.

(2.) The facts out of which the present proceedings arose may be briefly stated as under:--

(3.) Initially defendant No. 1 M/s. Cathay Theatres Pvt. Ltd. were the sole defendants in the said suit. They filed their written statement on 11-3-1964. Their written statement is delightfully laconic. They did not deny subletting as such. At least there is no specific or unequivocal denial of subletting as such. What they have stated by way of denial is as follows:- "These defendants deny that in breach of the covenant the defendants have either sublet, relet and/or give on leave and licence tlie demised premises without obtaining any written consent of the plaintiffs as alleged."