CANARA BANK BOMBAY Vs. YUSUF ABDULHUSSEIN ARSIWALA

JUDGEMENT

(1.) HEARD advocates for the petitioner/bank and respondents.

(2.) THREE questions are involved in this case viz. (1) whether the suit premises were given to the petitioner/bank for the purpose of doing banking business; (2) whether the petitioner/bank has stopped banking business and are using the premises for godown purpose; and (3) whether there is change of user of the premises by the petitioner.

(3.) THESE questions arise because admittedly the petitioner/bank have denied that there was any change of user and the findings of both the trial Courts are against the petitioner/bank. Consequently these questions are required to be decided on the basis of record and arguments advanced by both the advocates.