ISMAIL DADA BHAMANI Vs. BAI ZULEIKHABAI

JUDGEMENT

(1.) This is an appeal from the judgment of Mr. Justice Blagden dated August 11, 1943.

(2.) The appellant is the tenant of certain property at the Victoria Road, Byculla, being certain plots of land in the Mustafa Timber Market. The premises are comprised in two leases executed by the former owner and by the Central Bank who were the mortgagees. Both leases are dated October 11, 1933, and, except for the description of the plots, are in identical terms. In each case the term of the lease commenced on September 1, 1932, and ended on August 3.1, 1935, after which date the appellant held over. By Section 116 of the Transfer of Property Act, 1882, a monthly tenancy is thereby constituted.

(3.) It appears that the appellant was a tenant of all the plots subject to the two leases prior to September 1,1932, by some former tenancy, and in the case of the plots subject to one of the leases the appellant's sub-tenants were already in possession, and that in the case of the plots subject to the other of the leases a sub-tenancy was created six or seven years ago.