JARAL DAVID FERNANDES Vs. MOHAMMED WAJIDMOMD WAHID

JUDGEMENT

(1.) Heard Mr. Pandey, learned Counsel for the petitioner/applicant and Mr. Shaikh, learned Counsel for the respondent in both the matters at length.

(2.) By this Petition under Article 227 of the Constitution of India, the petitioner has challenged the judgment and order dated 9 th April, 2015 passed by the learned trial Judge, Court Room No.35 of the Court of Small Causes at Mumbai, Bandra Branch below Exhibit 17 in L.D. Suit No.177 of 2014 as also the judgment and order dated 22nd December, 2016 passed by the Appellate Bench of the Court of Small Causes, Mumbai in Misc. Appeal No.60 of 2015. By these orders, the Courts below allowed the application made by the respondent, hereinafter referred to as 'plaintiff' and directed the petitioner, hereinafter referred to as 'defendant' to restore possession of Room No.7 admeasuring 8'x20' square feet situate at Ibrahim Chawl, Tape Village, Dadabhai Cross Road, near Bhawans College situate in land of CTS No.15 of Village Andheri, Andheri (West), Mumbai - 400 058 (for short 'suit premises') within a period of 2 months. The defendant is further restrained from creating third party interest or parting with possession of the suit premises till disposal of the suit.

(3.) The plaintiff has instituted suit against the defendant, inter alia, praying for declaration and injunction. It is the case of the plaintiff that he is carrying on business of Hair Cutting Saloon in the name and style "Jordhan Hair Cutting Saloon" since 2009 from the suit premises on leave and licence basis. He contended that the defendant had executed conducting agreement on 30th April, 2012. He has deposited Rs. 5,00,000/- with defendant. The conducting agreement is valid up to 31 st March, 2019. The defendant with the help of others started harassing and torturing him. He, therefore, instituted the suit in the Small Causes Court.