MOTI DECORATORS Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) HEARD learned counsel for the Appellants, Respondent Nos.1 and 2 and Respondent No.3.

(2.) THIS Appeal is filed by the plaintiffs against the Judgment and Decree of the City Civil Court dated 21.9.2002 by which the suit of the plaintiffs - appellants came to be dismissed.

(3.) IN short the case of the plaintiffs was that the Respondent No.3 National Sports Club of India (hereinafter referred to as "NSCI") was a permanent lessee of the land from the Mumbai Municipal Corporation (hereinafter referred to as "Corporation") for 99 years. NSCI was frequently used to secure services of the plaintiffs who was doing the business of Mandap decoration etc. and therefore for the sake of convenience they agreed to give the plaintiffs certain area of the leased property, so that the plaintiffs can easily, conveniently and speedily serve NSCI. The agreement between the NSCI and the plaintiffs was for the first time in 1966. It was by way of yearly agreement for certain amount payable by the plaintiffs to NSCI. Therefore, the plaintiffs are a sub lessee of the NSCI. The plaintiffs were permitted to erect a structure where they could store all their material for decoration. Initially an area of 2154.75 sq. meters given by the NSCI to the plaintiffs but from 27.11.1976 the plaintiffs were in occupation of 1588.93 sq. meters. Remaining area, as per the case of the plaintiffs, was surrendered to the Corporation in a joint meeting held between the plaintiff and the Corporation Officials for the purpose of road widening.