ISMAIL DADA BHAMANI Vs. BAI ZULEIKHABAI

JUDGEMENT

(1.) THIS is an appeal from the judgment of Mr. Justice Blagden dated August 11, 1943.

(2.) THE appellant is the tenant of certain property at the Victoria Road, Byculla, being certain plots of land in the Mustafa Timber Market. THE premises are comprised in two leases executed by the former owner and by the Central Bank who were the mortgagees. Both leases are dated October 11, 1933, and, except for the description of the plots, are in identical terms. In each case the term of the lease commenced on September 1, 1932, and ended on August 3.1, 1935, after which date the appellant held over. By Section 116 of the Transfer of Property Act, 1882, a monthly tenancy is thereby constituted.

(3.) THE principal question, which arises, is whether the premises comprised in 'these two leases are protected by Section 11 of the Bombay Rent Restriction Act, 1939, which is as follows : (1) No order for the recovery of possession of any premises shall be made so long as the tenant pays or is ready and willing to pay rent to the full extent allowable by this Act and performs the other conditions of the tenancy.