LAWS(BOM)-2019-12-172

ISHWARLAL VRAJLAL MISTRY Vs. MANOHAR U. SHETTY

Decided On December 18, 2019
Ishwarlal Vrajlal Mistry Appellant
V/S
Manohar U. Shetty Respondents

JUDGEMENT

(1.) Heard finally at the admission stage by the parties' consent.

(2.) There are two writ petitions: W. P. No.13100 of 2018 and W. P. No.13102 of 2018. They both impugn an interim order passed by the Appellate Bench of the Small Causes Court. To elaborate, the impugned orders stay the operation of the decree secured by the respondent-landlord subject to the writ petitioners' paying interim compensation.

(3.) If I go through the details, I note that in 1961 the respondent Trust leased out 435 sq. yards open space to the petitioners in W.P. No.13100 of 2018. The Petitioners could raise a structure and use it for the next 40 years. A formal agreement, it seems, was executed in 1964. Both the Trust and the petitioners- original tenants agreed that the tenants could construct four floors, that is ground- plus-three floors. The initial lease was 40 years, to be renewed one more term: 40 more years.