URMI DEVELOPERS PVT. LTD. THROUGH ITS DIRECTOR MR.VINOD T. GOWANI HAVING ADDRESS AT 501, COMMERCE HOUSE, 140, N.M. ROAD, MUMBAI Vs. M/S. KANORIA BROTHERS, A PARTNERSHIP FIRM CARRYING ON BUSINESS AT GHAT ROAD, NAGPUR

JUDGEMENT

(1.) These two Revision Applications arise from the same suit and relate to the same property. They have been argued together and are disposed of by this common judgement.

(2.) The Revisions arise from the orders passed by the Small Causes Court, Mumbai under the provisions of the Bombay Rents Hotel Lodging House Rates (Control) Act, 1947. The subject matter of the dispute is the ground floor of a bungalow with a garage, servant quarters and an open courtyard on the rear side. This bungalow, named Hari Kunj', is situated at 46A, Peddar Road, Mumbai. Hari Kunj has ground floor plus two upper floors.

(3.) One Matadin Khetan was the owner of this Hari Kunj Bungalow. Sometime in the year 1954, Matadin let out the ground floor and the first floor of the Bungalow along with garage to one Popatlal Prabhudas on tenancy basis. Jagatrai and Anantrai Virani were sons of Popatlal. Popatlal had two brothers, Jamnadas and Kakudas. Ajitkumar was the son of Jamnadas. Manojkumar is the son of Jagatrai. Indira, Nilesh and Bindu are the children of Anantrai. When the ground floor and first floor were let out the rent receipt was in the name of Ajitkumar. Matadin had executed a mortgage in respect of the Bungalow in favour of Empire Insurance Company. Subsequently, Empire Insurance Company was taken over by the Life Insurance Corporation of India. Life Insurance Corporation of India filed a suit bearing No.140 of 1956 against Matadin and others, to enforce the mortgage. A preliminary decree was passed on 27 Nov. 1956 in favour of the Life Insurance Corporation of India. Final decree of absolute sale was passed on 10 Jan. 1958. The Bungalow was put up for sale in a Court auction pursuant to the execution of the decree. M/s.Kanoria Brothers, a partnership firm, purchased the Bungalow on 28 Oct. 1967. In the meanwhile, sometime in the year 1960, the Tenant surrendered the first-floor premises and the rent receipt was transferred in the name of Manojkumar Virani. M/s.Kanoria Brothers issued a notice to Manojkumar Virani on 19 June 1970, terminating the tenancy. On 16 July 1970, Manojkumar Virani replied to the notice of termination and refuted the contentions.