MINI PETER PHILIPS Vs. DINA J S FANIBANDA

JUDGEMENT

(1.) This Appeal challenges the judgment and order dated 20.1.1996 of the Bombay City Civil Court in Suit No.3540 of 1979 filed by Respondent Nos.1 and 2, under which Respondent Nos.1 and 2 were declared entitled to acquire jointly with the Appellants predecessorintitle the reversionary right, title and interest of Defendant Nos.3 and 4, the landlords of the building in which the suit premises being flat No.7 on the 3rd floor of Sleater House No.2, Sleater Road, Grant Road, Mumbai 400007 is situate on payment of their half share in the consideration for obtaining the reversionary right, title and interest therein. The landlords were directed to execute all necessary papers and documents for vesting such reversionary right, title and interest in respect of the suit flat in favour of Respondent Nos.1 and 2 herein who were the Plaintiffs in the Suit. Respondent No.1, who was the Plaintiff in the Suit, was declared entitled to get transferred the shares standing in the names of the landlords of the building jointly with the 1st Appellant, who was Defendant No.2 in the Suit.

(2.) The main lis is between the two sisters who were the daughters of the deceased tenant of the suit premises. One of the sisters, Mehroo, has expired pending the Suit, from which the impugned judgment is challenged. Her heirs and legal representatives have been brought on record in the suit and have thereafter filed this Appeal. They represent her share and hence, they will be referred by her name. One of the sisters, Dina, filed the suit against Mehroo. The two shares of the estate of the original deceased tenant represented by his two daughters shall be referred to by their names as "Dina" (original Plaintiff and the present Respondent No.1) and "Mehroo", represented by the present Appellants.

(3.) The father of Mehroo and Dina was the tenant of the suit premises from 1944 until his death in 1954.