SARDAR PRUTHISINGH Vs. KANCHANLAL PURSHOTTAMDAS DESAI

JUDGEMENT

(1.) THE lucid and comprehensive judgment running into 44 pages delivered by the Division Bench of the Court of Small Causes at Bombay on 1st August 1987 in Appeal No. 21/e of 1975 reversing the judgment and order dated 13th December 1974 passed by the Judge, Small Causes Court in Ejectment Application No. 138/619/e of 1971 gives full account of the facts giving rise to this litigation.

(2.) I give only brief summary needed to understand the issue extracted hereinbelow : the Issue

(3.) THE petitioner is a owner of the suit building. Ejectment proceedings were initiated by the petitioner under section 41 of the Presidency Small Causes Court Act ("act" for short) and prayed for ejectment of the respondent and claimed possession of the suit premises comprising of three rooms, kitchen and bath room located on 1st floor of Pruthi Building situated at 196, Prabhat Colony, Santacruz (East), Bombay - 400 055.