RAMKRISHNA GIRISHCHANDRA DODE Vs. ANAND GOVIND KELKAR

JUDGEMENT

(1.) HEARD all the learned Counsel; Shri B. P Apte, Addl. Advocate General, Shri A. K. Abhyankar, Shri S. M. Paranjape and Shri Vhatkar for the petitioners and Shri V. A. Thorat for the respondents.

(2.) WRIT Petition No. 2014 of 1991 is by 8 obstructionists Nos. 90 to 98 for whom Shri S. M. Paranjape has appeared; Writ Petition No. 2047 of 1991 is by obstructionist No. 122 whereas Writ Petition No. 2048 is by obstructionist Nos. 124 and 125 for whom Shri A. K. Abhyankar is appearing. Writ Petition No. 2066 of 1991 is by 74 obstructionists for whom I have heard Shri B. P. Apte, Writ Petition No. 2093 of 1991 is by obstructionist No. 123 for whom Shri Vhatkar is appearing. The questions of law are common arising in more or less the same set or facts. The judgments and orders of the learned trial Judge as also by the Appellate Bench of the Court of Small Causes in the obstructionist proceedings were common. Hence, by consent, all matters are disposed of by this common judgment and order.

(3.) THESE petitions by obstructionists depict the usual scenario and the plight of the landlord decree holder while trying to execute the decree for eviction obtained by him under the provisions of the Bombay Rents Hotel and Lodging House Rates Control Act, 1947 (for short, "rent Act" ). The premises in dispute is a plot of land bearing City Survey No. 268 situated at Kelkarwadi, Kelkar Road, Dadar, Mumbai belonging to one Gabriel M. Misquitta. He died on 4th March, 1924 leaving behind two children-son Dr. Francis Misquitta and daughter Rita Misquitta. On 10th October, 1924 Francis and Rita obtained probate of the Will of their father Gabriel. On 28th July, 1940 Francis and Rita executed a registered lease deed in favour of the original lessee Govind Ramchandra Kelkar. The lease was in respect of the said plot of land. It was for a period of 50 years commencing with 13th October, 1941. The lease rent was agreed at Rs. 1800/- per year for the first 25 years ending with 12th October, 1966 and for the next 25 years, it was agreed at Rs. 2400/- per year ending with 12th October, 1991. There is a clause in the lease deed that the lessee had specifically covenanted with the lessor that the lessee will not assign or let or part with possession of the said premises or erection and structure to be put up by the lessee thereon or interests therein without the consent of the lessor had first obtained.