MADHAV VITHAL KUDWA Vs. MADHAVDAS VALLABHDAS

JUDGEMENT

(1.) The above first appeal raises on interesting point with regard to the right of a tenant of a flat in a building in Bombay governed by the Bombay Rent Hotel and Lodging House Rates Control Act, 1947 to park his car in the compound of the building.

(2.) The building in this case belongs to the plaintiffs, the Trustees of Murarji Gokuldas Deoji Trust, situate at Kennedy Bridge, Bombay, and known as Murarji Gokuldas Deoji Trust Building. The appellant, who was the defendant in the suit filed by the Trustees, was the tenant in respect of Room No. 18 on the first floor of the said building for many years. In or about the month of October 1968, the plaintiffs observed that the defendant was parking a car bearing No. BYH 1169 in the compound of the plaintiffs building without the permission of the plaintiffs. The plaintiffs asked the defendant not to park the car or any vehicle in the compound without their permission. The defendant did not stop parking his car.

(3.) The plaintiffs, therefore, addressed a letter dated October 11, 1968 through their Advocate to the defendant and called upon him to remove the said car forthwith and further called upon him not to park it in the compound of the building. In spite of this letter, the defendant continued to park his car in the compound without replying the said letter or the reminders sent thereafter.