*1* NMS-2533-11.sxw Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2533 OF 2011 IN S.C. SUIT NO.1846 OF 2007 Urmila Ratanchand Jain ... Plaintiff V/s. Surendra Hastimal Bedsa ... Defendant Mr. M.S. D’Mello for the Plaintiff. Mr. D. Brijesh for the Defendant. CORAM : S.C. DHARMADHIKARI, J. DATE : 14 th December, 2011. P.C. : 1. This Notice of Motion is seeking a relief based on consent of both the sides. The relief that is sought is that the Defendant be permitted to accept the surrender of tenancy in respect of Room Nos.18 and 19, Jain Bhavan, 64/65 Dr. Ambedkar Road, Parel, Mumbai – 400 012 and, thereafter, to create a fresh tenancy in respect of these rooms. It is stated that the two tenants Sha Mulji Vershi Sanghoi and Smt. Jayaben Vasanji, who were residing in Room Nos.19 and 18, respectively, have surrendered their tenancy rights and the premises are vacant. The Suit has been filed by the Plaintiff claiming a right, title and interest in the property as one of the co-owners. The building in question has various rooms, which are let out. 2. Now, the Plaintiff has appeared and filed an affidavit and in para 5 of the affidavit she has stated that she has no objection if the tenancy rights are transferred in favour of Lalita Keshav Basudkar (Room No.18) and Uttam Anil Panja (Room No.19). The Defendant states that the tenancy rights will be transferred in favour of these persons only. *2* NMS-2533-11.sxw 3. In the light of this agreement between the parties by consent, the Notice of Motion is made absolute in terms of prayer clause (a) and the parties are permitted to create fresh tenancies in favour of the two persons, whose names are indicated above. 4. There will be no order as to costs. (S.C. Dharmadhikari, J.)