HIRANAND ASSUMAL Vs. MOHANDAS VISHINDAS CHAINANI

JUDGEMENT

(1.) The above Appeal from order was referred to Division Bench on Jan. 21, 1976, by Naik J. as he was of the view that there was a conflict of judgments of this Court on the question of the proper valuation for the purposes of Court fees of suit of the nature filed by the Appellant in the Bombay City Civil Court.

(2.) There is no dispute about the following facts: The plaintiff is the tenant of the suit premises, paying rent to his landlord, at the rate of the standard rent, fixed under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, i.e., Rs. 171-65. There is also no dispute that he gave part of the premises in the suit shop No. 19 Block B Cusrow Baug, Colaba-Causeway, Bombay 1, to the respondent-defendant by way of "leave and licence" in April 1955 for Rs. 325 p. m. as "licence fee or compensation", which was subsequently raised to Rs. 350 p.m. from Feb. 1, 1958.

(3.) The appellant filed a suit in City Civil Court as far back as in the year 1961, alleging that he had terminated the leave and licence granted to the defendant in March 1958; but subsequently the defendant dispossessed him from some additional portion of the premises in possession of the plaintiff.