NUSSERWANJI E POONEGAR Vs. SHIRINBAI F BHESANIA

JUDGEMENT

(1.) The facts leading to this petition have been set cut in great details and with sufficient accuracy in the judgments of the two Courts below and hence it is not necessary for me to narrate the same. However, for the disposal of this petition a brief restatement of the facts is warranted.

(2.) The suit premises in so far as the petition is concerned, consist of the first floor of a building bearing No. 10-A and situate on Shankarsheth Road, Bombay 400 007. Original respondents 1 and 2 were, according to the petitioners, the legal representatives of the original licensee.

(3.) The petitioners filed a suit being L.E. Suit No. 145/407 of 1976 in the Small Cause Court at Bombay against respondents 1 and 2 under Section 41 of the Presidency Small Cause Courts Act, 1882, as amended by Maharashtra Act No. 19 of 1976. Prior to this amendment, Section 41 of the Act provided for proceedings which could be initiated by a licenser against a licensee through an application. After the amendment, in effect a licensor has to file a regular suit and it is thus that the aforesaid suit ws filed by the petitioners against respondents Nos. 1 and 2. The said suit which was filed on 22nd Sept 1976, came to be decreed ex parte on 5th July, 1977. In execution of the said decree the 3rd respondents ....... Respondents 1 and 2 in this petition have been deleted by an order of this Court and, therefore, the 3rd respondent will hereinafter be referred to as "the respondent" for brevity's sake.