BAUN FOUNDATION TRUST Vs. FAREDOON RUSTOM TIRANDAZ

JUDGEMENT

(1.) RULE. Learned Counsel for the respondents waive notice. By consent, petition is taken up for hearing and final disposal. Heard forthwith.

(2.) THIS petition is directed against an order dated 30th January, 2002, whereby the Appellate Bench of the Small Causes Court in Appeal No. 490 of 1999 allowed the appeal against an order dated 20th September, 1999 passed by a learned Judge of the Small Causes Court in injunction Notice No. 5749 of 1998 in RAD (ST) No. 2946 of 1998.

(3.) A few facts may be adverted to in order to correctly appreciate the controversy that arises. Prior to 26th January, 1931, one Ardeshir B. Patel was the tenant in respect of the premises at West Front on the 2nd floor of the building known as Mama Chambers situated at 93, August Kranti Marg, Cumballa Hill, Mumbai 400 006. Ardeshir B. Patel expired leaving behind his widow Mrs. Pirojbai Ardeshir Patel and three sons Behram, Kurshed and Dhunjishaw. The widow of Ardeshir Patel, Pirojbai expired on 5th September, 1967. Rent receipts were transferred in the name of Behram from that of deceased Ardeshir Patel. On 31st October, 1982, Hilla, the widow of Behramji expired. On 9th December, 1985 Mrs. Jaloo Khurshed Patel, the wife of Mr. Khurshed expired. All the three sons of late Ardeshir expired between 26th December, 1985 and 25th April, 1998. Respondent No. 2, the widow of Dhunjishaw Patel was the only heir and legal representative surviving. She became the tenant. Rent receipts were issued in her name. The property belongs to a trust who needed the suit premises for accommodating the doctors working in the Cumballa Hill Hospital.