KHIYASHI KACHARA GOSAR Vs. BOMBAY ELECTRIC SUPPLY AND TRANSPORT UNDERTAKING OF THE MUNICIPAL CORPORATION OF GREATER MUMBAI

JUDGEMENT

(1.) HEARD both the learned Counsel; Shri Patel for the petitioners and Shri Choudhary for the respondents.

(2.) THIS is a petition under Article 227 of the Constitution of India seeking to challenge the order dated 12th July, 1994, passed by the learned Principal Judge, City Civil Court, Mumbai, in Misc. Appeal No. 203 of 1992. Under the said order, the order of eviction dated 8th May/20th May 1992, passed by the Competent Authority-respondent No. 2 in exercise of its powers under sub-section (1) of section 105-B of the Bombay Municipal Corporation Act, 1888 (for short, B. M. C. Act) has been confirmed. A few relevant facts may be stated.

(3.) ON 18th April, 1966 the premises in dispute belonging to the Bombay Municipal Corporation (for short, Corporation) being Shop No. 11-A block BEST staff quarters, Parel, Mumbai were allotted to one Virji Shah, on leave and licence basis and the compensation was fixed at Rs. 255/- per month. On 11th July, 66, Virji entered into partnership with the first petitioner Khiyashi Gosar, who is the paternal cousin of Virji. The partnership was for the purpose of carrying on business in the name and style of M/s. Mahavir Stores, a general provision stores in the premises. The partnership seems to have been registered on 5th October, 1966. On 27th February, 1968, leave and licence agreement was entered into between the then General Manager of BEST on behalf of the Corporation and allottee Virji for a period of 11 months namely from 18th April, 1966 to 17th March, 1967. Since, Virji retired from the partnership business due to old age on 3rd November, 1975, a deed of dissolution was executed on 18th December, 1975 with effect from 3rd November, 1975 since there were only two partners in the business. On 19th December, 1975, there was a fresh partnership between the two petitioners who are father and son respectively and the partnership was supposed to be with effect from 3rd November, 1975 in respect of the said Mahavir Stores.