RAM TULJARAM SHAHANI Vs. KALYANJI VIRJI SHAH

JUDGEMENT

(1.) This petition filed under article 227 of the Constitution of India takes exception to that part of the judgment and order dated 10/11th February, 1999; to the extent it restrains the petitioner from parting with the possession of the suit premises i. e. Flat No. 27, vimal Mahal, Dr. G. Deshmukh Marg, Peddar road, Mumbai-400 026 by inducting third party interest in it and/or by creating any lease, assignment in any manner whatsoever. Factual Matrix :

(2.) The factual matrix, in short compass, is that the petitioner filed eviction suit against his tenants Shri. Kalyanji Virji shah and Shri. Anandji Virji Shah in the Small causes Court. The suit came to be decreed. Not being satisfied with the decree, the tenants/original defendants preferred appeal before the division Bench of the Small Causes Court. The appellate Court confirmed the judgment and decree passed by the trial Court and dismissed the appeal. However, while dismissing appeal, the appellate Court put condition in its order, which reads as :

(3.) The above condition, put by the appellate Court, is the subject matter of challenge in this petition filed under Article 227 of the Constitution of India.