- (1.) Leave granted.
(2.) These two appeals, though coming from separate judgments and orders passed by the Bombay High Court, arise from the same suit for eviction instituted by the landlord which figures in both the appeals as respondent no.1. The appellant in the appeal arising from SLP (C) No.19522 of 2008 is the Board of Trustees of the Port of Mumbai (hereinafter "Mumbai Port Trust"). It was the sole defendant, described as the tenant, in the suit for eviction as it was originally filed. Later on, by an amendment M/s Wadi Bunder Cotton Press Company (hereinafter "WBC Company"), the appellant in the appeal arising from SLP (C) No.36246 of 2010, was joined in as defendant no.2 as the sub-tenant under the defendant, the Board of Trustees of the Port of Mumbai. From that stage, Mumbai Port Trust, the principal tenant and WBC Company, the sub-tenant came to be arrayed in the suit as defendants 1 & 2 respectively.
(3.) The plaintiff respondent no.1 filed a suit in the court of Small Causes at Bombay registered as RAE suit no.83/197 of 1993, seeking inter alia a decree of eviction, against the defendants from the suit land admeasuring about 3273.394 square yards, situated at Santacruz Estate, Mazgaon, Bombay. According to the plaintiff-respondent no.1, the suit land was given to defendant no.1 on lease for 999 (nine hundred and ninety nine) years by the plaintiff's predecessors-in-interest under a registered lease deed dated May 10, 18861. In terms of the lease deed, defendant no.1, the lessee had the right to renewal but it had no right to assign the leased out land to any third party. As a matter of fact, there was an express prohibition against assignment in clause 4 of the lease deed which is as under: "4. That they the said Trustees their successors or assigns will not (subject never the less as hereinafter mentioned) assign the said premises or any part thereof without the licence in writing of the lessors their heirs executors administrators assigns first obtained." [The only exception to the above prohibition was the right given to the lessee to part with and dedicate some portions, up to a specified limit, from the aggregate of the lands covered by the lease for public roads and ways with the consent of the lessors. But in that case the lessors agreed to give such consent upon the reasonable applications of the lessee from time to time and within the limit (prescribed under the lease).];