Manujendra Dutt v. Purendu Prosad Roy Chowdhury Ors.,
1967 1 S.C.R. 475, distinguished.
But the lessees companytinued to remain in possession paying rent at the rate of Rs.
On 15 11 1948, Jamnadas executed two leases in favour of one Bhawani Laksamsi and Maojibhai Jethabhai, defendants 1 and 2.
75/ per month.
The subject matter of the first lease was two plots, the one referred to above and another in the same area measuring 805 square yards.
B. 428, Morriwon v. Jacobs, 1945 1 K. B. 577 and Mangilal v. Sugan Chand, A.I.R. 1965 S.C. 101, applied.
1546 of 1969.
In both the leases there was an option clause which entitled the lessees to surrender the leased property by 30 9 1953.
V. Patel, A. G. Parikh and B. R. Agarwala, for the respondents.
They stated in the numberice that the lessees had sub let the premises and that the lessors required the plot for the purpose of putting up companystructions on it.
The leases were for a period of ten years and in respect of the first plot, the rent payable was Rs.
The lessees surrendered the two plots, other than the plot with which we are ,concerned, in pursuance of the option clause, on 15 1 1951, with the result that the lease in respect of the first plot companytinued.
7, at Ghatkopar.
95 of 1963 from the order dated 21 2 1963 passed by the Judge, Small Causes Court, Bombay, in R.A.E. Suit No.
On 7 8 1959, the lessors gave numberice purporting to Terminate the tenancy by the end of September, 1959.
The subject matter of the second lease was a third plot in the same area.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Since the lessees did number vacate the premises, the lessors filed suit on 22 10 1959 in the Small Causes Court of Bombay.
1 and 3.
75/ a month.
The Judgment of the Court was delivered by Mathew, J. This is an appeal by special leave, from the judgment of the High Court of Bombay dismissing a petition filed under Article 227 of the Constitution praying for issue of an approprivate writ or order quashing the order dated 28 2 1968 passed by the Full Bench, Small Causes Court, Bombay, in appeal No.
The lease in respect of the plot in question here determined by efflux of time on 30 9 1958.
M. Tarkunde, S. K. Dholakia and S. K. Bagga, for appelIants Nos.
K. Bagga, for appellant No.
This plot belonged to one Jamnadas Chhotalal Dani.
Jamnadas died on 14 8 195 1, but before his death he had made a gift of the leased property in favour of the three respondents.
9293 of 1959.
