MARWANJI FURDOONJI SETHNA Vs. ANGLO CUSTODIO CORREA
LAWS(BOM)-1962-11-4
HIGH COURT OF BOMBAY
Decided on November 20,1962

MARWANJI FURDOONJI SETHNA Appellant
VERSUS
ANGLO CUSTODIO CORREA Respondents


Cited Judgements :-

AMRUTLAL WELJIBHAI RATHOD VS. VISHWASRAO DEORAO PATIL [LAWS(BOM)-1989-1-25] [REFERRED TO]


JUDGEMENT

- (1.)THESE two revisional applications arise out of a proceeding commenced by the tenant under section 17b of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The short facts are as below.
(2.)THERE was a two storied building in Mazgaon belonging to the defendants, the four petitioners. The ground floor of that building, which consisted of a hall, one room, one kitchen, one passage, one bath-room, two W. Cs. and two verandahs were let out to the plaintiff, which is a club. In or about 1958 the defendants wanted to demolish the building and re-erect the same. They, therefore, obtained a certificate from the Tribunal under the provisions of the Rent Act and thereafter instituted an ejectment suit against the plaintiff. The Court, on the defendants' giving the statutory undertakings, passed a decree in ejectment. The defendants thereafter completed the building by about the month of August 1958. There was some dispute between the parties about the allotment of a flat, but on the 6th of May 1958 the defendants offered one flat on the ground floor to the Plaintiff. As the area offered was about one-fifth of the area originally occupied by it, the plaintiff insisted on being assigned the entire floor area on the first floor which the defendants refused to do. Consequently the plaintiff instituted the suit under section 17b of the Rent Act for possession of four flats on the first floor. The flats are still vacant.
(3.)THE defendants resisted the suit and contended that the plaintiff was entitled only to one tenement, that they had offered one tenement to him but he did not avail himself of the same and that he was not entitled to more than one tenement. The Trial Court granted two tenements on the first floor. Both the parties appealed and the Bench of the Small Court granted the plaintiff four flats on the first floor. The defendants now come in revision before this Court.


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