VASANT KESHAV KOLVANKAV Vs. RUKHMINIBAI

JUDGEMENT

(1.) The opponent filed an application in ejectment against the petitioner to recover premises, viz. Shop No. 1 in Krishna building, Trinity Street, Bombay-400 002.

(2.) The opponent used to carry on business in Bidi, tobacco etc. It is the case of the opponent that by an agreement dated April 25, 1961, the opponent gave the said tobacco business to the petitioner for conducting the same at a monthly royalty of Rs. 82/- for a period of five years on certain conditions. Even before the said agreement there were some previous agreements of the same type. The opponent by a notice dated May 17, 1966, called upon the petitioner to hand over the possession of the said shop on the expiry of the agreement. The petitioner contended that he is not a licensee but a sub-tenant, and, therefore, opponent filed an application under section 41 of the Presidency Small Causes Court Act, 1882, for possession. The Small Causes Court recorded the evidence and heard the parties and came to the conclusion that the petitioner was not a licensee, and therefore, rejected the application filed by opponent on December 17, 1970.

(3.) An appeal was filed by the opponent in the Small Causes Court at Bombay, bearing Appeal No. 56/E of 1971. The said appeal was heard by the two Judges of the Small Causes Court, who held by the judgment and order dated April 5, 1973 that the petitioner was a licensee and not a tenant, and therefore, the said appeal was allowed and the findings of the trial Court dated December 17, 1970 in ejectment Application No. 687/E of 1966 was ordered to be placed before the trial Court on May 2, 1973 for further orders. The petitioner challenged the said findings recorded by the Appellate Court by way of Special Civil Application No. 1172 of 1973, which was summarily dismissed on June 19, 1973 by this Court. Thereafter, the matter was sent back to the trial Court to pass appropriate orders under section 43 of the Presidency Small Causes Courts Act, 1882. The petitioner again raised the same poles and made an application for amendment in his defences. Having heard the parties, the trial Court allowed the ejectment Application and directed the petitioner hearing to hand over vacant and peaceful possession of the premises to the opponent herein before December 31, 1973. Against this final order passed by the Presidency Small Cause Courts, the present Special Civil Application is filed.