KANTILAL SOMABHAI KOTHARI Vs. UDAYVARE RAGHAVENDRA ACHARYA

JUDGEMENT

(1.) This petition is directed against the judgment and order dated 6th September, 1996 in Appeal No.427/1988 in R.A.E. Suit No.133/821/1969 passed by the Division Bench of the Small Causes Court at Mumbai confirming the judgment and decree dated 6th September, 1996 passed by the Small Causes Court in suit directing eviction of the petitioner- tenant from the suit premises within a period stipulated therein.

(2.) The factual matrix reveals that one Mr.N.V.Baliga was the owner of the building situated at 257, Frere Road, Fort, Mumbai- 400 001. Some time in the year 1959, Mr.Baliga filed suit for eviction against his tenant, an old generation "Mugle Azam" film fame personality- Mr.Mubarak (original defendant No.1); who was occupying premises consisting of 5 rooms with his servant, cook and other paraphernalia. In the year 1965, the said suit came to be compromised pursuant to which Mr.Mubarak became statutory tenant of five rooms located on the first floor of the building on payment of monthly rent @ Rs.115/-.

(3.) The aforesaid tenancy of Mr.Mubarak came to be terminated by notice dated 28th September, 1968 issued under section 106 of the Transfer of Property Act, 1882. The tenant- Mr.Mubarak was called upon to quit and deliver vacant and peaceful possession of the suit premises to the owner and original landlord- Mr.Baliga.