If really such action had been taken, it would number have been difficult for the appellant to produce such material.
503, 5th floor, Arun Chambers, Tardeo, Bombay by respondent No.
On 20th August, 1991, this Court made an order calling for a report from appellate companyrt after giving an opportunity to the appellant to examine such of its witnesses as are companysidered necessary to prove the receipts and the agreement and allow the respondent also a similar opportunity of rebuttal by leading evidence both oral and documentary.
1500/ p.m. out of which Rs.
1,000/ was towards the premises and Rs.
Hence this appeals by special leave.
2 under an agreement termed as leave and licence dated 23rd September, 1969 at a rental of Rs.
2 on a rental of Rs.
A report has been received by this Court pursuant to the said order.
750/ towards fixtures and furniture that in the year 1976 the unregistered body decided to companyvert itself in to a companypany in order to carry on its affairs more effectively and so registered as such under the Companies Act, 1956 that respondent No.2 companytinued to receive rents from appellant in respect of the said premises.
2 egged upon respondent No.1 to raise a dispute in terms of Section 91 of the Maharashtra Co operative Societies Act, 1960 hereinafter referred to as the Act for the purpose of evicting the appellant to enable respondent No.2 to get the said premises and use personally through an arbitrator that the Arbitrator made an award on 23.3.1990 directing eviction of the appellant and that the second respondent be directed to use the suit premises personally that the appellant filed an appeal against the said award before the Maharashtra State Co operative Appellate Court which was further dismissed by on order made on 8.1.1991 that a writ petition was thereafter preferred under Article 227 of the Constitution before the High Court of Bombay that by an order made on 2.4.1991 the High Court upheld the order made by the Maharashtra State Co operative Appellate Court and dismissed the writ petition however giving time to the appellant to vacate the premises by about a month.
The claim of the appellant is that an association which was an unregistered body known as Indian Cables Makers Association was inducted in the year 1969 as a tenant in the premises Room No.
1000/ was towards the premises and rent of Rs.
The appellant had also been using parking space in the building in question and had been making regular payments to respondent No.1 Society that the appellant filed a suit for declaration in the year 1981 in the Court of Small Causes at Bombay that they are tenants in respect of the suit premises that the second respondent filed as suit bearing No.
Rajendra Babu, J. This appeal is preferred by a Company incorporated under the Companies Act.
210/296 of 1981 seeking for eviction of the appellant that when those proceedings were pending, Respondent No.
500/ p.m. was payable towards furniture and fixtures that the name of the appellant was changed from Indian Cable Makers Association into M s Electrical Cable Development Association also another un registered body in the month of August 1972 and with the said association also a similar leave and licence agreement was executed by the respondent No.
1750/ p.m. out of which rent of Rs.
