VARISALLI MOHAMMAD ILIAS Vs. ABDUL SATTAR GULAM HUSSEIN

JUDGEMENT

(1.) THE question that arises for my consideration in this appeal is whether the appellant is protected under section 15-A of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter called Bombay Rent Act)? If protected then admittedly the Civil Court will be having no jurisdiction to decide the suit.

(2.) A few facts are as follows.

(3.) THERE is one Hair Cutting Saloon by name Bombay Hair Dressers situated at 110/2, Shivaji Nagar, in the City of Pune. The structure belonged to one Smt. N. K. Jangi. One shop premises out of it was originally leased out to the father of the plaintiff who was carrying on hair cutting business in the name of Bombay Hair Dressers. Sometime in 1962, the same was given to the defendant No. 1 and the defendant No. 1 went on carrying on the said business till his death and then it is carried on by defendant No. 4. Defendant Nos. 2 to 4 are sons of defendant No. 1.