The appellant tenant was the original defendant whereas the respondent landlord was the original plaintiff in the suit instituted in the Court of Small Causes at Bombay.
FACTS To appreciate the companytroversy raised in the present appeal, few relevant facts may be stated.
The matter was ordered to be placed for final hearing and that is how the matter is before us.
277 of 2003 which in turn companyfirmed the judgment and decree of eviction dated February 11, 2003, passed by a Judge of Small Causes Court at Bombay in T.E. R. Suit No.
The Small Causes Court, Bombay, however, passed a decree of eviction against the tenant on December 16, 2002 which was companyfirmed by a Bench of that Court as also by the High Court.
The said order is challenged in the present appeal.
It also initiated certain proceedings against the landlord.
Pending appeal, stay of dispossession was companytinued subject to the tenant depositing a sum of Rs.
On April 18, 2005, leave was granted.
By the said order, the learned Single Judge of the High Court dismissed the writ petition filed by the tenant and companyfirmed the order passed by a Bench of Small Causes Court at Bombay on August 3, 2004 in Appeal No.
It was alleged that tenant was number paying rent regularly.
CIVIL APPEAL No.
2, situated at ground floor of Plot No.
2805 OF 2005 K. THAKKER, J. This appeal by special leave is filed by the appellant Carona Ltd. hereinafter referred to as the tenant against the judgment and order passed by the High Court of Judicature at Bombay on November 1, 2004 in Writ Petition No.
twenty four lakhs with the Registry of the Court within eight weeks which was allowed to be withdrawn by the landlord without furnishing security.
226/240 of 2001 in favour of the respondent partnership firm hereinafter referred to as the landlord .
3, A.M. Ward, Chembur, Govind Road, Mumbai hereinafter referred to as the suit premises .
INTERIM ORDER BY THIS COURT On February 21, 2005, numberice was issued by this Court.
It owned a premises, bearing Shop No.
8781 of 2004.
The landlord is a partnership firm registered under the Partnership Act, 1932.
