Mumbai Court August 1983 Judgments
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Ananthasubramaniam Jagadesan Vs. T.V. Parwani
Court: Mumbai
Decided on: Aug-03-1983
Reported in: 1983(2)BomCR580
S.P. Kurdukar, J.1. The dispute in this petition relates to a room situated on the 5th floor, bearing Room No. 507 in Commerce House, Medows Street, Fort Bombay. It is needless to say that the premises in dispute are situated in the heart of city as well as business locality. It is no more in dispute that the petitioner is the tenant member of the Association of the Commerce House Block Owners Limited and he has purchased the suit premises sometime in the year 1958 for Rs. 13,000/-. The area of this suit premises is about 300 sq. ft.2. The main question that falls for consideration in this petition relates to the construction of document dated June 1, 1964 which is titled as Leave and License Agreement-hereinafter referred to as 'the document'. It is also common ground that the respondent was put in possession of the suit premises first time under the said document. The license fee charged for the use and occupation of the suit premises is Rs. 550/- per month. According to the petition...
Vasant Dattatraya Bopardikar Vs. Sakharam Dattatraya Bopardikar and or ...
Court: Mumbai
Decided on: Aug-02-1983
Reported in: AIR1983Bom495
1. This plaintiff's Section Appeal is directed against the appellate decree of the learned Assistant Judge, Satara confirming the decree of the trial Court whereby the plaintiff's claim for partition of his share in the properties described in plaint paras 1-B 1-K was dismissed.2. The plaintiff brought the suit in question against his brother defendant No. 1 and others for partition and separate possession of his 1/4th share in the house property described in plaint paras 1-A and 1/2 share in the other properties decried in plaint paras 1-B to 1-K. The trial Court granted the plaintiff a decree for partition, holding that he has 1/4th share in the property at serial No. 1 and 1/6th share in the house property described in plaint para 1-B. As regards the rest of the properties, the trial Court held that these properties were acquired by the plaintiff's mother Laxmibai by inheritance from her father Balaji Deshpande and as such they were her absolute properties. It is common ground that ...
Phattechand Anandram Vs. Uma Valoo
Court: Mumbai
Decided on: Aug-01-1983
Reported in: (1933)35BOMLR1138
Baker, J.1. This is an appeal from a decree of the First Class Subordinate Judge's Court at Nasik. The facts are a little unusual. The defendants in 1919 passed a sale deed for Rs. 5,000 to the plaintiff, and this deed was registered through Court on August 20, 1923. The plaintiff sued on this sale deed in suit No. 345 of 1923, but the defendants contended that the document was not intended as a sale deed, but that it was to be accompanied by an agreement to reconvey by the plaintiff and both these documents were to be registered together, but the plaintiff failed to execute the agreement to reconvey, and therefore the whole transaction was incomplete and void. The First Class Subordinate Judge at Nasik held that the suit lands were only given as security to the plaintiff for the amount of the sale deed, and that the sale deed was to take effect only on his passing to the defendants a writing embodying the agreement to reconvey, and the above condition not having been fulfilled, the sa...
Municipal Corporation for Greater Bombay and anr. Vs. Devidayal Metal ...
Court: Mumbai
Decided on: Aug-01-1983
Reported in: (1983)85BOMLR540
Chandurkar, Ag. C.J.1. This appeal filed by the Municipal corporation of Greater Bombay and the General Manager of the Bombay Electric Supply and Transport Undertaking is directed against the judgment and decree passed by the learned single Judge in suit No. 630 of 1967 : AIR1980Bom154 by which the learned single Judge held that the Municipal corporation and the B. E. S. T. Undertaking were not entitled to demand from the plaintiffs-respondents any security deposit of the amount equal to the value of three months' bills of the electric energy consumed by the plaintiffs as and by way of security deposit for the payment of the electric bills. By the decree a permanent injunction was also granted restraining the appellants-defendants from taking any action under Section 24 of the Indian Electricity Act of 1910 (hereinafter referred to as 'the Act').2. Since the power of the Municipal Corporation nof Greater Bombay and the B. E. S. T. Undertaking to demand a security deposit like the one d...
Jairamdas Guru Paltudas Vs. Swami Satyaramdasji Guru Sdhandasji
Court: Mumbai
Decided on: Aug-01-1983
Reported in: (1983)85BOMLR503
S.J. Deshpande, J.1. First Appeal Nos. 610 and 611 of 1975 arise out of a common judgment and decree passed by the Civil Judge, Senior Division, Thane in Special Civil Suit No. 52 of 1972. First Appeal No. 7W of 1977 arises out of an order passed by the City Civil Court in Charity Application No. 23 of 1973 under Section 72 of the Bombay Public Trust Act, 1950 (hereinafter referred to as 'the Act'). , As the common question in regard to the title of Mahant to be a trustee of the disputed trust is involved, all these matters are taken together for hearing.2. The facts leading to First Appeal No. 610 of 1975 may be stated as follows:In the City of Bombay, there is a public charitable trust, known as 'Shree Kabirwadi Mandir Trust', having its registered office at Grant Road, which was registered at P.T.R- No. 1-2553 (Bombay) on January 5, 1962. One Paitudas Guru Sevadasji was the Mahant of the said Kabir Wadi Mandir. He was administrating the trust and managing the trust properties. Paitu...
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