OMEGA MOTOR COMPANY Vs. POPULAR GARAGE

JUDGEMENT

(1.) This is a petition challenging the order passed by the Appellate Bench of the Court of Small Causes at Bombay in Appeal No. 221 of 1967 by which the Appellate Bench set aside the decree of the Court of first instance passed in R.A.E. & R. Suit No. 617/559 of 1962. Though the judgments of both the courts below are fairly elaborate and the arguments before me have been more than necessarily elaborate, I find that the question involved in this petition is a very narrow or and that is the interpretation of a document executed on 19th of September, 1961, which is at Exhibit D on record. The following facts, which can be taken as admitted facts, may now be mentioned :----

(2.) A building situated at Vithalabhai Patel Road at Bombay was owned by one Abubakar and thereafter is owned by his son Ibrahim Abubakar Ibrahim Abubakar therefore, can be regarded as the owner of the said building. There are two garages, being Garages Nos. 5 and 6, in the said building of which Tahira Industries Private Limited was admittedly the tenant. The petitioners, who were the plaintiffs in the abovementioned suit, occupied Garage No. 5 as sub-tenants of Tahira Industries while respondent No. 1 occupied Garage No. 6 as the sub-tenant of Tahira Industries.

(3.) On 19th of September, 1961, Tahira Industries executed an assignment deed, which is registered, in favour of the petitioners by which, as the recitals of the assignment deed itself show, Tahira Industries intended to assign their business along with its stock-in-trade, furniture, fixtures, fittings, goodwill and the tenancy rights incidental thereto to the petitioners. In paragraph 1 of the assignment deed it has been mentioned that a consideration of Rs. 3,028.13 has been paid to Tahira Industries. Of the five items which are purported to have been assigned, the goodwill of the firm was valued at Rs. 500 and the stock-in-trade, furnitures, fixtures and fittings in the premises were valued at Rs. 1,500/-. The tenancy rights in the business were valued at nil. This assignment deed purported to transfer the business of Tahira Industries in Garages Nos. 5 and 6 along with the tenancy rights incidental thereto. Six days after the execution of this assignment deed, another document, which is at Exhibit B in those proceedings, came into existence. It is a receipt purportedly signed by Ibrahim Abubakar but it bears the rubber stamp of the Deputy Custodian of Evacuee property. Under this document at Ex. B the landlord is said to have accepted rent from the petitioners. On 12th of October, 1961, Tahira Industries intimated to the first respondent who, as already mentioned above, was the tenant of Garage No. 6 abut the assignment and called upon the first respondent to treat the petitioners as the head tenant to whom in future the first respondent was liable to pay the rent. On 30th of October, 1961, the first respondent called upon Tahira Industries to furnish the particulars of the assignment. No reply has been given by Tahira Industries in this regard.