- (1.) THE petitioner (original defendant No. 2) has impugned the judgment and order dated 3-3-1986 in Decl. Suit No. 1085/5743/72 passed by the learned Judge, Small Causes Court, Bombay, and the judgment and order in Appeal No. 468 of 1986 arising out of the same judgment which came to be dismissed by judgment and order dated 9-3-1988.
(2.) RESPONDENT No. 1 original plaintiff filed a suit in the Court of Small Causes claiming that he is tenant of Gala Nos. 4 and 5 admeasuring about 30 x 120 sq. ft. , Masood Estate, Survey Nos. 198, 198 (part), 311, L. T. Road, Kurla, Mumbai, having inducted in the premises by respondent No. 3 original defendant No. 4, Masood and Co. , on payment of rent of Rs. 130/- per month. The plaintiff also sought for an injunction against the defendants in addition to seeking a declaration as regards his tenancy of the suit premises on the basis of the pleadings that defendants Nos. 1 and 2 are the hirelings of Gulab Shah and are trying to disturb the possession of the plaintiff.
(3.) ON the other hand, it is the case of defendant Nos. 1 and 2 that the defendants are in possession and enjoyment of shop Nos. 4 and 5 situated at Survey No. 311, C. S. T. Road, Kurla, Bombay, i. e. the suit premises on being inducted in the suit premises under an oral agreement dated 2-5-1970 between defendant No. 2 and one Kazi Mansoor which subsequently came to be recorded under an agreement of leave and licence (Exhibit 4) dated 2-5-1972. It was the contention of the defendant that the said Kazi was the tenant of Chhatrapati Shivaji Kutir Mandal and after taking possession of the said plot, defendant No. 2 did filling work, levelled it and constructed a shed from his own money and there he started his oil business under the name and style of Pahalwan Oil Co. It was agreed between the parties that defendant No. 2 would be paying compensation to Kazi and defendant No. 2 would continue as his licensee in the said premises. Defendant No. 3 did not file any written statement. Defendant No. 4 who was joined as a party-defendant by the plaintiff claiming to be his landlord filed a written statement and supported the case of the plaintiff stating that the suit premises were let out to the plaintiff on a monthly rent of Rs. 130/ -.;