SHREEDHAR GOVIND KAMERKAR Vs. YESAHWANT GOVIND KAMERKAR
LAWS(SC)-2006-12-82
SUPREME COURT OF INDIA
Decided on December 12,2006

SHREEDHAR GOVIND KAMERKAR Appellant
VERSUS
YESAHWANT GOVIND KAMERKAR Respondents





Cited Judgements :-

HASINA MOHAMAD SHAFIK LALJEE VS. FATIMA CORREA NEE FATIMA YAKUB ALI [LAWS(BOM)-2019-7-323] [REFERRED TO]
GAJINDER SINGH VS. HEMINDER SINGH ALIAS MOHINDER SINGH NEGI [LAWS(HPH)-2016-7-154] [REFERRED TO]
GANNMANI ANASUYA VS. PARVATINI AMARENDRA CHOWDHARY [LAWS(SC)-2007-5-98] [REFERRED TO]
RAJENDRA BAJORIA & ORS VS. CHIRANJILAL BAJORIA & ORS [LAWS(CAL)-2017-9-203] [REFERRED TO]
DEIVANAI AMMAL (DIED) AND ORS VS. PERIASAMY @ SAMBAGOUNDER AND ORS [LAWS(MAD)-2009-10-570] [REFERRED]
N SWAMINATHAN VS. N SATHYANATHAN & SONS (P) LTD [LAWS(MAD)-2017-12-301] [REFERRED TO]
THE INDIAN HOTELS COMPANY LTD. VS. NEW DELHI MUNICIPAL COUNCIL [LAWS(DLH)-2016-10-23] [REFERRED TO]
HASINA MOHAMED SHAFIK LALJEE VS. FATIMA CORREA NEE FATIMA YAKUBALI [LAWS(BOM)-2021-6-35] [REFERRED TO]
CHITTARI PADMA VS. CHINTHALA ADI REDDY [LAWS(TLNG)-2023-1-104] [REFERRED TO]
RAJKUMAR THAWRANI VS. RAJESH THAWRANI & ANR [LAWS(RAJ)-2015-8-232] [REFERRED]
SANJEEV C BORDIA VS. SUNILKUMAR MOHANSINGH BORDIA [LAWS(GJH)-2011-5-151] [RELIED ON]
THE INDIAN HOTELS COMPANY LTD VS. NEW DELHI MUNICIPAL COUNCIL [LAWS(DLH)-2016-9-7] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)Parties herein are brothers. The dispute between them is tenancy right in respect of a premises known as 'Navalkar Building' situate at N.C. Kelkar Road, Dadar in the town of Mumbai. Appellant herein allegedly acquired the said tenancy right in terms of a deed of assignment entered into by and between him and one Saraswati Balkrishna Pawar and three others. One Krishna Tatoba Pawar alias Balkrishna Tatoba Pawar was the original tenant of the said premises. He was running a hair cutting saloon therein under the name and style of 'Anant Hair Dressing Saloon'. He died leaving behind him the assignors of the said deed of assignment dated 18.01.1966. The business as also the tenanted premises was assigned for valuable consideration. He was allegedly carrying on business therein. Leave and licence agreement was executed by him in relation to the self-same premises in favour of one Shri Walke on 01.02.1970. The said Walke was running a business in the said premises under the name and style of 'Deepak Provisional Store'. A dispute arose between the parties resulting in initiation of a proceeding under Section 145 of the Code of Criminal Procedure. The properties were attached. The said Walke also filed a suit. The said suit is said to have been compromised. Appellant herein is said to have obtained possession of the said premises on 23.03.1978, whereafter he started a business under the name and style of 'Shree Medico'.
(3.)The parties hereto i.e. the three brothers, entered into a partnership on 01.04.1971. The same was dissolved on 31.03.1977, inter alia, on the premise that the appellant had been claiming full ownership in relation to the said tenanted premises as also the business in Shree Medico. A suit was filed by Respondent No.1 in the City Civil Court, Mumbai, which was registered as S.C. Suit No.5903 of 1981 wherein, inter alia, the following prayers were made :
(a) It be declared that the Plaintiff and the Defendants Nos. 1 and 2 have 1/3 shares in the suit business of Medical and General Store carried on Navalkar Building on the ground floor, N.C. Kelkar Road, Dadar, Bombay 400 028 as also the tenancy rights in the presmises as also the premises on the ground floor of Navalkar Building, N.C. Kelkar Road, Dadar, Bombay-400 028.

(b) It may be declared that the partnership business of Medical and General Stores carried on in Navalkar Building on the ground floor, N.C. Kelkar Road, Dadar, Bombay-400 028, stood dissolved as from the date of the suit or from such other date as this Hon'ble Court may deem fit.

(c) The accounts of the partnership business of Medical and General Stores be made up and the Plaintiff be awarded the amount found due to his share at the foot of the account."



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