IN THE COURT OF JUDGE, CITY CIVIL COURT AT BOMBAY S.C. ...

17SC Suit No. 2572 of 2005parties is required to be appreciated in light of thisdocumentary evidence.15. Plaintiff Kantilal Sethia(PW 1) in his deposition at Exh.9stated that he is associated with plaintiff as the CompanySecretary for the plaintiff for last 35 years and is personallyaware of the legal and property matters of the plaintiff. Thewitness further deposed that the building in which the suitstructure was situated belongs to Soona Mahal Co­OperativeHousing Society and plaintiff's restaurant premises are ownedby M/s. J.N. Nazir and others and the plaintiffs are tenants ofthe suit premises since 1968. The landlords were carrying onRestaurant Business in the name and style of Parsian Dairysince 1955­56 and lateron the name was changed to “Talk OfThe Town” and the plaintiff after taking over the same changedthe name as “Jazz by the Bay”. As per the license, the licensedarea of restaurant is 366.53 sq. mts. and the licensed area ofrestaurant premises included an open space in front ofrestaurant since 1957 and it was permitted to be covered byawning in 1957. By the letter dated 1.8.1956 addressed byCollector of Bombay to Mr. Sidhwa and others, the licensee ofthe plot no. 203 of building Soona Mahal, the Collector grantedpermission for the use of open space by the lessee of groundfloor who were Caterers or hoteliers for Soona Mahal for servingfood and drink. The permission was also granted for puttingcanvas shelters and license fees of Rs. 200/­ p.a.was charged .