RASIKLAL KUMBHA GALA Vs. MANILAL RAVJI

JUDGEMENT

(1.) PETITIONER - original respondent has invoked Article 227 of the constitution of India and sought to challenge the judgment and order passed by the Additional Chief Judge, Small Causes Court, Bombay, dated 6th October, 1988, whereby, the Ejectment Application filed by the respondent-original applicant allowed and the petitioner-respondent has been directed to vacate the premises from Shop No. 1, tashkand Building, Borivali (West)5 Bombay - 400 092. Therefore, the present Writ Petition.

(2.) BASED on a Conducting Agreement, dated 19th May, 1972, petitioner was allowed to run a grocery business on the terms and conditions as incorporated in the said agreement. The respondent preferred the said Ejectment Application No. 12/53/e/1976 in the Trial court sometime in the year 1976. The application is dated 31st january, 1976, but there is an endorsement of date 12th August, 1976 also. Paragraphs 6 and 7 of the said application, as relevant, are reproduced herein below:

(3.) THE above averments itself are sufficient to consider such Ejectment proceedings before the Small Causes Court at Bombay in view of section 41 of the Presidency Small Causes Court Act, 1882 (for short 'pscc Act' ). These averments further make it clear that the parties have also referred to the provisions of the Bombay Rents, Hotel lodging House Rates Control Act, 1947 (for short 'the Bombay Rent act') and raised the disputed issue about the protection, as available under the said Bombay Rent Act. The Trial Court, after considering the rival contentions framed the following Issue: