VASANTKUMAR RADHAKISAN VORA AND CHABILDAS RATILAL SHAH AND BHAU SOMA YERAM Vs. BOARD OF TRUSTEES OF THE PORT OF BOMBAY AND KIRIT J SHETH AND DEVJI SHIVRAM SAWANT

JUDGEMENT

(1.) These matters are before us on a reference made by Masodkar, J., sitting single by his order dated October 26, 1982. Masodkar, J., formulated the following two questions for the consideration of a Division Bench :

(2.) A few relevant facts in so far as they are material for deciding the reference need to be stated. In Writ Petition No. 3144 of 1981 the respondents are the Board of Trustees of the Port of Bombay. They owned a property bearing old R.R. No. 941 situated at Jackeria Bunder Road, Bombay. On the said plot of land a building consisting of five rooms belonging to the Port Trust stands. The petitioner, Vasantkumar Radhakisan Vora, is in possession of one of the rooms bearing Room No. 2 in the said building. After giving a notice to quit dated January 22, 1975, on March 19, 1976, the respondents-Port Trust filed an ejectment application bearing No. 39/194/E of 1976 under section 41 of the Presidency Small Cause Courts Act, 1882 (hereinafter called the Act). In respect of another tenant who is in possession of Room No. 1, the respondents gave a notice to quite dated January 22, 1975, and thereafter on April 5, 1976, filed an ejetment application bearing No. 28/166/E of 1976 under section 41 of the Act. Then is respect of the third tenant, Sohanlal Mathurmal Chavan, who is in possession of Room No. 3 the respondents served a notice to quit dated November 23, 1977, (which was the second notice since there was an earlier notice to quit dated July 18, 1975 was served on him) and after serving this notice, the respondents filed a suit bearing No. L.E. and C. Suit No. 228/313 of 1978 under section 41 of the newly-substituted Chapter VII of the Act. As a decree in favour of the Port Trust was passed by the Court of Small Causes the said tenant, Sohanlal, preferred an appeal under section 42 of the Act as amended and the said appeal is pending. In the case of the fourth tenant, Ramsevak Budhai Chaurasis, who is in possession of Room No. 5, the respondents served on him a notice to quit on January 22, 1975, and thereafter filed Suit No. L.E. and C. Suit No. 188/497 of 1976 on November 16, 1976. In this also a decree in favour of the respondents for possession having been passed, the said tenant has preferred an appeal under section 42 of the Act and is pending in the Court of Small Causes.

(3.) Writ Petition No. 2754 of 1982 relates to the proceedings intiated under section 41 of the which was filed on July 22, 1976, on the basis of a notice said to have been given by the respondent therein on February 16, 1961. It is sufficient to state at this stage that the premises in this petition are owned by a private individual while as mentioned earlier the premises in Writ Petition No. 3144 of 1981 belong to a public authority---the Port Trust. It is not necessary to state the facts of Review Application No. 2728 of 1982 as the point Involved is the same.