Asha R. Kotian vs Nelufer Behram Irani
2021 Latest Caselaw 14640 Bom

Tandale                                                    10-CRA-157-2021 with CRA-158-2021.odt



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                          CIVIL APPELLATE JURISDICTION

                 CIVIL REVISION APPLICATION NO. 157 OF 2021
                                   WITH
                 CIVIL REVISION APPLICATION NO. 158 OF 2021

Asha R. Kotian and Ors.                                    ... Applicants
      V/s.
Nelufer Behram Irani and Ors.                              ... Respondents


Ms. Asha Bhambani i/b. Deepa Kamath for Applicants.
Mr. Roop M. Vasudeo for Respondent Nos.1 and 3.

                                        CORAM : A.S. GADKARI, J.

DATE : 6th October 2021.

P.C. :

1. Heard learned counsel for the respective parties.

2. Record indicates that, the entire controversy with respect to

change of user revolves around a letter (Exh.41) issued by earstwhile

landlord, namely, Smt. Velabai D. Shah, thereby granting permission to the

Applicants/tenants to use the suit premises for commercial purpose.

3. In view thereof, present Revision Applications require

consideration.

Admit.

4. As and by way of an interim relief, the impugned Judgment and

Order dated 14th February, 2020 in Appeal No.421 of 2014 in R.A.E. Suit

No.366/543 of 2010 is stayed.

Tandale 10-CRA-157-2021 with CRA-158-2021.odt

5. Respondents-landlords are entitled to file Application for fixation

of interim compensation as per the decision of Hon'ble Supreme Court in the

case of Atma Ram Properties (P) Ltd. Vs. Federal Motors (P) Ltd. reported in

(2005) 1 SCC 705.

6. Hearing expedited.

[A.S. GADKARI, J.]

Digitally signed by MANOJ R MANOJ R TANDALE TANDALE Date: 2021.10.07 16:58:04 +0530