GODREJ SEERVAI Vs. MISS PHEROZA VAKIL

JUDGEMENT

(1.) The respondent in this appeal (hereinafter referred to as the 'plaintiff') filed a suit, being suit No. 4498 of 1962, in the Bombay City Civil Court against two defendants. The first defendant was the husband of the second defendant. The first defendant having died during the pendency of the first appeal in this Court, his heirs and legal representatives have been brought on record. For the sake of convenience, however, reference will be made to the defendants as they stood in the trial Court.

(2.) The suit had been filed to recover vacant and peaceful possession of a bedroom with an attach bathroom forming a part of the flat on the ground floor of a building situated at 22 Hughes Road, Bombay. The plaintiff is the daughter of one erbai Vakil who was the tenant of the flat of which the suit premises formed a part. After her mother's death of the plaintiff was recognised as a tenant of the flat. It was her case that the defendants had been accommodated in the suit premises, as paying guests through the intervention of a common friend by her mother. The charges which were payable by the defendants were fixed at Rs. 100.00 per month though some time later the charges were increased to Rs. 125.00 per month. After her mother's death some time in the year 1957, an attempt was made to persuade the defendants to vacate the suit premises. She alleged that the first defendant promised that he would vacate the premises within six months' time. Since it was not done, the plaintiff issued a notice dated 13th Oct., 1961 revoking the leave and licence granted to the defendants by her mother.

(3.) The defendants by their Advocate's reply dated 21st Oct., 1961 contended that they were in occupation of the suit premises as the sub-tenants of the plaintiff and refused to vacate the same.