The petitioners being aggrieved preferred a first appeal.
Petitioners companytended that they were lessees under the said Mustafa Husein and as such they were entitled to the protection of the Bombay Rent, Hotel and Lodging Houses Rates Control Act, 1947, hereinafter called the Bombay Rent Act, as the Bombay Rent Act applied to the building erected by a lessee from the local authority and as such the petitioners right of possession was protected under the provisions of the Bombay Rent Act.
Being aggrieved therefrom the petitioners seek leave to appeal to this Court under A Article 136 of the Constitution.
Thereupon in or about June, 1985, the Trustees of the Port of Bombay took out a Chamber Summons in the High Court of Bombay for removal of obstruction under order 21 Rules 97 to 101 of the Code of Civil Procedure.
The said Mustafa Husein in 1958 granted lease of the said godown to the petitioners the area of the godown is about 3,000 sq.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. This petition is for leave to appeal against the judgment and order of the Division Bench of the Bombay High Court dismissing Letters Patent Appeal from the order of the learned Single Judge.
925 which later on was increased to Rs.1,465.
S. Nariman, U.J.Maskeja, B.S. Basaniaum, J. Peres, K. Verma and D.N. MiShra for the Respondents.
From the Judgment and order dated 20.8.
CIVIL APPELLATE JURISDICTION Special Leave Petition Civil No.9887 of1987.
1987 of the Bombay High Court in L.P.A. No.
The petitioners preferred Letters Patent Appeal which was also dismissed by the Division Bench of the Bombay High Court.
There was numbere, at least numbersuch evidence was adduced before the learned Trial Judge or before the Division Bench of the High Court.
The petitioners obstructed the execution of the decree.
The 1st respondents being the trustees for the Port of Bombay are the owners of plot of land bearing Plot No.
It is alleged that petitioners have since been carrying on their business in the said godown The Trustees of the Port of Bombay filed suit against the heirs of Mustafa Husein for eviction from the lease granted to Mustafa Husein for termination of the tenancy.
K. Venugopal, A.K. Sen, M.K. Nesari, P.H. Parekh and K. Dhillon for the petitioners.
62 admeasuring 576 sq.
The ground for eviction was termination of tenancy.
yards Lying and situate in Pooria Street, Elphinstone Estate, Bombay 3.
The Trustees of the Port of Bombay in July, 1977 obtained a decree on admission against the heirs of Mustafa Husein in the said suit.
In or about 1945 the trustees of the Port of Bombay granted lease of the said plot of land to one Mustafa Husein for the purpose of erecting a godown for carrying on companymercial activities at a monthly rent of Rs.
In or about May, 1985 warrant of possession in execution of decree dated 20th of July, 1977 was sought to be executed against the petitioners.
77 of 1987.
