THOMAS LEWIS Vs. SHAMA PARVESCHANDRA BATRA

JUDGEMENT

(1.) To appreciate the points raised in this Letters Patent Appeal, we have a backway journey through the plethora of evidence and documents which might necessarily even touch the year 1913 when the Sir Ebrahim Baronetcy Act was enacted so as to settle in perpetuity considerable properties belonging to Sir Currimbhoy Ebrahim and for the purpose declared in the Act. This suit premises with which we are presently concerned is the property of the Trust viz. Sir Currimbhoy Trust. The building known as Colaba Chambers, 150, Colaba Road, Colaba, Bombay was owned by the said Trust as the Landlord. In the present Appeal, we are concerned with the rights of the tenants as well as the tenancy right of the auction purchaser in respect of the flat No.16 in the said building.

(2.) Mainly following principal issues arise in the present proceedings, viz.

(3.) The dispute is a very old dispute. On 24.6.1965 an ex-parte money decree was passed in a Summary Suit No.1853 of 1965 filed by one Chimanlal H.Ranavat against Hasan P. Husain and another, who was a tenant in respect of Flat No.16 and was running a Restaurant, known as Duke of York Stores & Restaurant in the said premises. In the process of execution of the said ex-parte money decree the Sheriff of Bombay attached on 26.7.1965 the business, movables, goodwills and tenancy rights of the judgment debtor i.e. Hasan P. Husain. After attachment the property was sold in public auction on 4.4.1966 and the present appellant and one Chaturbhuj Nevendram jointly were the highest bidder for the purchase of the suit property and they paid the full auction price of Rs.78,000.00 on 18.4.1966. Thereafter the judgment debtor Hasan P. Husain had made a futile attempt by taking out Chamber Summons for setting aside the sale. The said Chamber Summons was dismissed on 30.5.1966. Husain carried the matter further in the High Court by filing an Appeal from Order which also came to be dismissed on 20-11-1968. On 11-9-1968 the sale was confirmed in favour of the appellant and his partner, Nevendram, by the Bombay City Civil Court. The Registrar of the Bombay City Civil Court had issued a sale certificate in their favour on 23.9.1968 and the said sale certificate was duly registered on 24-9-1968.