SHARAD CONSTRUCTION COMPANY Vs. LADKUBAI NARAYAN GAVAND

JUDGEMENT

(1.) THIS is a petition filed by the petitioners against an order of fixation of interim standard rent by the Court of Small Causes at Bombay. The relevant facts are as follows:

(2.) THE present respondents are the heirs and legal representatives of the deceased Ladkubai Narayan Gavand. The said deceased Ladkubai had granted certain lease-hold in respect of a certain plot of land, under a deed of lease dated 29th January, 1959, to one Khandubhai R. Patel who was carrying on business in the name and style of Sharad Construction Company as the sole proprietor thereof. The said lease was in respect of the land admeasuring about 30,000 Sq. yards or thereabout. Under the said deed of lease, the rent was fixed at Rs. 600/- per month for the land and at Rs. 75/- per month, in respect of certain chawls which were existing on the land, for the period of 40 years. The lease also provided that it could be renewed for a further period of 40 years or in perpetuity, but subject to such rent as shall be fixed and may be agreed upon by and between the parties as provided under the deed of lease.

(3.) IT appears that the said Khandubhai R. Patel admitted certain other persons as partners under a deed of partnership dated 22nd January, 1980. It further appears that certain partners, who had initially joined, also retired from the said firm. Thereafter certain disputes arose between the lessor and the lessees and finally it resulted in a separate deed of lease dated 8th December, 1981, whereby the earlier deed of lease came to an end and the parties thereto surrendered their rights for the unexpired term of the said lease dated 19th January, 1959 and thereafter, the lessor, granted unto the lessees a fresh lease of the same land for a period of 55 years on the terms and conditions mentioned in the said document.