MONALISA ROHINTON IRANI Vs. NAVAL H TATA

JUDGEMENT

(1.) THE facts leading to this writ petition are as follows: the trustees of N. M. Petit Charity Fund filed Ejectment Application No. 155/e of 1967 in the Court of Small Causes at Bombay under section 41 of the Presidency Small Cause Courts Act, 1947 against Mrs. Meherbai B. Irani for possession of the premises given on leave and licence. In the said proceedings, a settlement took place between the parties and consent terms were filed before the Court of Small Causes and an order in terms of the consent terms was finally passed in the said matter. The relevant consent terms read as under :

(2.) SO, Rohinton B. Irani continued in possession of the premises. However, Rohinton B. Irani expired on 21-2-1996 and thereafter execution petition was filed on behalf of the trust before the Court of Small Causes, being Miscellaneous Notice No. 214 of 1996 in Ejectment Application No. 155/e of 1967. In the said proceedings, the present petitioner widow of Rohinton B. Irani raised objection with respect to maintainability of that execution proceedings. The main contention was that the execution petition was not signed by all the trustees of the trust and it was signed by the Secretary of the Trust Shri A. P. Master who had no authority to sign the execution petition. However, this contention of the present petitioners was turned down by the learned Judge of the Court of Small Causes at Bombay. A revision application preferred against that order. The revision also came to be dismissed on 14-3-1997.

(3.) LEARNED Counsel for the petitioners has argued that because of the consent terms filed in the original Ejectment Application No. 155/e of 1967, a new licence was created in favour of Rohinton B. Irani and the present petitioner being widow of Shri Rohinton B. Irani, she has acquired all the rights under the licence created in favour of Shri Rohinton B. Irani. So Ejectment Application No. 155/e of 1967 is not maintainable.