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Synopsis

A small causes appellate court in Mumbai has stayed the order directing the iconic ice-cream parlour K Rustom to vacate its premises at the North Stand in Brabourne stadium. The lower court had directed to vacate the premises within two months.

According to the Indian Express, the stay has been granted subject to deposit of Rs 2.5 lakh per month in court by the 10th of each month till the final disposal of the appeal. K Rustom will also have to deposit Rs 527 per month as the amount of rent till the disposal of the appeal.

The ice cream shop, run by the Rustom family, is over 80 years old. The property in dispute comprises 3070 square feet and a mezzanine floor of 950 square feet. The dispute has been ongoing since 1996. K Rustom told the court that it did not have any other premises to run the business.

A small causes court in Mumbai had, in April, directed K.Rustom to vacate the premises. The Cricket Club of India (CCI), had filed a suit submitting that the club requires the premises given on rent to K Rustom for its activities. It was CCI’s contention that the list of its members had increased and more space was needed to start a coffee shop on the premises.

In the appellate court, K Rustom had argued that they are very hopeful of success and sought a stay on the eviction, till the appeal is decided. The CCI opposed this contention by submitting that a valid decree had been passed in its favour. CCI argued that the rent of properties in the area is high and they should be granted a compensation in the event of an interim stay.  It was further argued by CCI that the market rate would have to be paid as rent. K Rustom’s counsel countered this by submitting that the premises would fetch not more than Rs 1 lakh in rent.