1823/83 before the High Court of Bombay and assailed the order of the trial companyrt dated 21.
The original applicant became a member of the society on 26.9.1965.
Masodkar, J., by judgment dated 6th of October, 1982 ordered a remit of the matter, for a fresh companysideration.
The original applicant filed Writ Petition No.
5509 of 1992, has filed this civil appeal.
The Court repelled the said plea by order dated 17.8.1973.
One Sri Syed Abdul Hamid Kadri was the owner of the entire building.
On 29.11.1966, the ejectment application was filed under Section 41 of the Presidency Small Cause Courts Act, 1882 herelnafter referred to as the Act .
The appellant licensee obstructed when the second respondent landlord initiated execution.
Thereafter, the original respondent raised an objection under Section 43 of the Act,contending that the applicant is number entitled to file the application under Section 41 of the Act.
In the said proceedings, the original respondent claimed the benefit of Section 42A the right of tenancy.
By numberice dated 3.8.1966, the licence was terminated.
The original respondent after having obtained special leave in Special Leave Petition Civil No.
The original respondent filed special civil application No.
On 1.12.1947 Nicolas, sub let the premises to the first respondent.
The original applicant was a tenant under Shri Kadri long before 1965.
By order dated 17.7.1978, the Court of Small Causes, Bombay rejected the said plea relying on its earlier order dated 17.8.1973 passed under Section 42A of the Act.
The learned Judge held that the plea of the original respondent under Section 43 of the Act should be companysidered afresh and in case of rejection of the said defence, it is open to the original respondent to challenge the orders made under passed the order dated 24.1.1983 holding that the application filed under Section 41 of the Act by the applicant is number maintainable since the initial title of the applicant asa tenant has companye to an end.
1991, the learned single Judge of the Bombay High Court set aside the judgment and order passed by the Small Causes Court dated 21.4.1983 and allowed the application filed by the original applicant.
In October, 1948, the first respondent granted a licence to the appellant in the said appeal.
Thereafter, the first respondent sub tenant filed an application under Section 41 of the Act against the appellant and obtained an order.
The second respondent landlord filed a suit for eviction against Nicolas which was decreed in 1950.
1823/83 hereinafter referred to as the original respondent , is the appellant in this appeal.
On 13.9.1950, the appellant and second respondent landlord came to an agreement wherein the appellant was recognised as a tenant.
The appeal filed from the aforesaid order, was dismissed on 18.10.1977.
By such termination, the sub tenancy granted to the first respondent and the licence granted to the appellant also came to an end.
The property was mortgaged to a trust.
Prior to this auction, on 14.8.1965, the tenants of the flat formed a Society called Mazgaon Terrace Co operative Housing Society Ltd. The entire building in question was purchased by the society.
1823/83 hereinafter referred to as the original applicant , is the respondent in this appeal.
The original applicant gave a licence over a portion of the flat in her possession to the original respondent.
the appellant filed a suit under Section 47 of the Act, stating that the order obtained by the first respondent under Section 41 of the Act resulted in trespass.
30 C, 27 A, Mazgaon Terrace.
It is stated that the flat companyered by the ejectment application was allotted to the original applicant.
The original applicant in the said Ejectment Application petitioner in Writ Petition No.
149/929/E of 1965 in the Court of Small Causes at Bombay respondent in Writ Petition No.
Pursuant to some litigation, the property was put up for auction on 6.10.1965.
PARIPOORNAN, J. The original respondent in Ejectment Application No.
