CAWAS DHUNJISHAW SAHER Vs. KEIKOBAD C BATLIWALA

JUDGEMENT

(1.) THESE two petitions can be disposed of together since they relate to the same premises and are between the same parties excepting that in Writ Petition No. 356 of 1994, the landlord H. H. Sardar Sayedina Dr. Mohamed Burhanuddin Saheb is also made respondent No. 2 but he is obviously a formal party. The main contest is between the petitioner and respondent No. 1 in both the petitions.

(2.) THE premises consist of bedroom No. 1 with an attached bath and W. C. in a flat of approximately 3000 sq. ft. on the second floor of the building known as "merwan Mansion" situated at Nepean Sea Road, Bombay. The petitioner in both the petitions is Cawas Dhunjishaw Saher, who will be, hereafter, referred to as "cawas Saher". The first respondent is Dr. Keikobad C. Batliwala who will, hereafter, be referred to as "keikobad". Respondent Keikobad is the son of the original tenant Cawas Shaw Batliwala and the petitioner Cawas Saher is the son of the sister of Keikobad, viz. , Aloo Seher as will be evident from the genealogy given below. <IMG>175.jpg</IMG>

(3.) IT will thus be evident from the above geneology that the dispute is between Keikobad son of the original tenant Cawasshaw Batliwala and Cawas Saher who is the son of the daughter of the original tenant, namely, Aloo Saher. The original tenant Cawasshaw Batliwala died on 1st May, 1943 leaving behind his widow Meherbai, son Keikobad and his daughter Aloo (Mother of respondent Cawas Saher ). Aloo married Dhunjishaw Saher in September, 1943. Aloo predeceased her mother Meherbai on 16th May, 1957. Meherbai having died on 6th December, 1960.