9911796707
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Issues:
1. Validity of attachment levied by the plaintiff on the property at Fergusson Road, Lower Parel. 2. Interpretation of the terms of the lease agreement between the parties. 3. Rights of the lessees to remove structures erected during the tenancy. 4. Determination of possession rights and ownership of structures post-tenancy. Analysis: 1. The judgment pertains to a summons seeking to lift the attachment placed by the plaintiff on a property. The plaintiff had attached a piece of land along with structures allegedly erected by the defendants. The dispute revolves around the location and ownership of these structures concerning the attachment. 2. The lease agreement terms between the parties, as evidenced by correspondence, were not registered as required by law. However, the court considered these letters as evidence of the agreement. The terms specified the duration of the tenancy, which the plaintiff conceded ended on August 31, 1939, with new lessees taking possession on September 1, 1939. 3. The lease agreement contained a clause allowing the lessees to remove structures erected during the tenancy. The court analyzed this clause in light of Section 108 of the Transfer of Property Act, determining that the lessees had no right to remain in possession post-tenancy and that the right to remove structures was to be exercised promptly at the end of the tenancy. 4. Even if the lessees had the right to remove the structures post-tenancy, the court held that they forfeited this right by not doing so within a reasonable time. Consequently, the lessees lost any claim to the structures, and the lessors gained the discretion to deal with them as they saw fit. 5. Ultimately, the court ruled in favor of the applicants, directing the attachment to be lifted and ordering the plaintiff to pay the costs of the summons. The judgment clarified the rights and obligations of the parties under the lease agreement and highlighted the importance of timely action in exercising contractual rights.
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