HIRABEN POPATLAL PAREKH Vs. VIMLA BHOGILAL SHAH

JUDGEMENT

(1.) Heard Mr. Surel Shah, learned Counsel for the petitioners and Mr. Prafulla Shah, learned Counsel for the respondents at length.

(2.) By this Petition under Article 227 of the Constitution of India, petitioners, who are the heirs and legal representatives of original defendant - Hiraben Popatlal Parekh (for short 'Hiraben), and shall hereinafter collectively be referred to as 'defendants', have challenged the judgment and decree dated 25.03.1983 passed by the learned trial Judge in R.A.E.Suit No.812/5991 of 1967 as also the judgment and decree dated 22.07.1999 passed by the Appellate Bench of the Small Causes Court at Bombay in Appeal No.289 of 1983. By these orders, the Courts below decreed the Suit instituted by the original plaintiff - Vimla Bhogilal Shah (for short 'Vimla). Respondents are the heirs and legal representatives of Vimla shall hereinafter be collectively referred to as 'plaintiffs'. The Courts below directed the defendants to handover vacant and peaceful possession of flat No.13 situate on the 3 rd floor in building known as 'Vineeta' at plot No.21/3 at Wadala, Mumbai (for short 'suit premises'). The facts giving rise to filing of the present Petition, briefly stated, are as under:

(3.) Vimla instituted Suit some time in October 1967 against Hiraben inter alia contending that until her tenancy was determined by Vimla's letter dated 26.06.1967, Hiraben was the monthly tenant in respect of the suit premises. The monthly rent of the suit premises is Rs.165.75/-. The tenancy of Hiraben commenced on 01.01.1967 in pursuance of the agreement dated 28.04.1966 by which she agreed to advance loan to Vimla, which was agreed to be granted to Hiraben in respect of the suit premises and embodied the terms and conditions of the tenancy.