MOHANDAS VISHINDAS CHAINANI Vs. HIRANAND ASSUMAL

JUDGEMENT

(1.) ONLY one point of law arises for our decision in this appeal. A few undisputed facts, which may be noted before the point of law is formulated, are these:

(2.) THE respondent in this Court is the original applicant in the Court of Small Causes at Bombay and a plaintiff in the City Civil Court. Respondent filed his application under Section 41 of the Presidency Small Cause Courts Act, being ejectment Application No. 1149/E of 1958 on July 31, 1958. He -alleged that he had granted licence to the opponent -occupant and that licence was withdrawn but, in spite of a request to vacate, the occupant did not; and therefore the ejectment application.

(3.) AGAINST this background the respondent as plaintiff filed two separate civil suits. Before that in December 1960, the appellant who was already held to be a sub -tenant filed an application, being BAN. No. 1722/SE of 1960 some time in December 1960 in the Court of Small Causes for fixing standard rent. That matter is still pending in appeal and need not be considered while the other facts are being taken into account.