SHEROO MINOO ENGINEER Vs. MINOO JEHANGIR ENGINEER

JUDGEMENT

(1.) THE present appeal is in respect of judgment and decree of the learned trial judge in a suit which is filed by the respondent (hereinafter referred to as the plaintiff) against the appellant (hereinafter referred to as the defendant) with regard to tenancy rights of a flat being Flat No. 89 at building 'Devchhaya' situate at Tardeo, Bombay - 34. The plaintiff and the defendant were husband and wife and the flat at 'Devchhaya' was their matrimonial home.

(2.) SOMETIME in December 1960 they had got engaged. After the engagement they were on the look out for a flat where they could set up their matrimonial home. They selected the above flat through an estate agent and obtained a lease of the flat. Accordingly under an agreement of lease dated February 1, 1961 the then owner of the said flat granted a lease of the said flat in the name of the plaintiff -husband. The rent of the said flat was approximately Rs. 150 per month. The initial deposit of 3 months' rent amounting to Rs. 450 as also a sum of Rs. 450 being rent from February 1961 to April 1961 was paid by the husband.

(3.) THEREAFTER matrimonial proceedings took place between the parties before the Parsi Chief Matrimonial Court at Bombay. By its decree dated April 3, 1968 the marriage between the parties was dissolved. On April 3, 1968 the parties arrived at certain consent terms with regard to the said flat. In the consent terms the wife is described as the plaintiff while the husband is described as the defendant. The said consent terms are as follows: 1. It is hereby agreed between the parties that the question of the ownership of the Flat No. 89, situate at Dev Chhaya shall be decided by the proper Court to which either party may choose to resort. 2. It is hereby agreed between the parties that pending the final determination of the ownership of the said flat by the said Court the Plaintiff to the Counterclaim (hereinafter called the Plaintiff) will continue to be in possession of the said flat and will continue to pay the rent and other charges thereof to the landlords. 3. Pending the final determination of the question of the Ownership of the said flat, the Plaintiff undertakes not to keep any sub -tenants, paying guests, boarders etc. or do any other act in any other manner prejudicial to the interests of the Defendant to the Counterclaim (hereinafter called the Defendant) which may jeopardise the right title or interest of the Defendant. There are two blind boys in the flat and they will leave by the 1st of May 1968. 4. The Defendant agrees and undertakes to pay Rs. 200/ - (Rupees two hundred) per month to the Plaintiff by way of Alimony pending the determination of the ownership of the flat by the said Court.