SHARDABEN NARSHIBHAI PATEL Vs. P J THANKAPPAN

JUDGEMENT

(1.) I have heard the submissions of the learned advocate for the appellant yesterday. As none appeared for the contesting respondents, the appeal was kept today. Today when the appeal is called out, none appears for the contesting respondents. Therefore, I have proceeded to deliver the judgment.

(2.) The appellant is the original plaintiff who has taken exception to the judgment and decree dated 08th April, 1988 passed by the learned Judge of the City Civil Court. With a view to appreciate the submissions made by the learned advocate for the appellant, it will be necessary to refer to the facts of the case in brief. According to the case of the appellant, she is the tenant in respect of a shed admeasuring about 1600 sq feet situated on Plot No.96/D, Mogra Road, Andheri, Bombay. According to the case of the appellant in the month of March 1968 the husband of the original defendant alongwith a broker approached the appellant's husband and requested that the original defendant be allowed to use a portion of the said shed for the purpose of carrying on business of manufacturing paper packaging material. After deliberations it was agreed that the appellants should allow the original defendant to use and occupy 1/3rd portion of the shed on Leave and Licence basis at compensation of Rs.201/- per month. It was agreed that the licence will be for a period of 11 months ending on February 28, 1969.

(3.) According to the case of the appellant she allowed the original defendant to use and occupy 1/3rd portion of the suit shed. The 1/3rd portion was demarked by providing a partition inside the suit shed. According to the appellant she continued to occupy the remaining 2/3rd portion.