Mumbai Court gives orders to Rustom Ice Cream Parlor to give possession of its shop to CCI

By
Tushar Gulati
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Rustom Ice Cream Parlor

Mumbai: Mumbai Court directed K Rustom & Co, owner of the iconic Rustom’s Ice Cream parlor at Churchgate, to vacant his shop and hand over possession of its shop premises at the Brabourne Stadium to the Cricket Club of India (CCI) within two months.

SB Todkar in his judgment in a suit filed by the CCI under the Maharashtra Rent Control Act seeks Rustom’s eviction on the ground that CCI is in need of property for its club activities, and Rustom is not conducting any business on said property. The CCI informed that Rustom had been paying a monthly rent at the rate of ₹527­ which is far below the standard rent.

It was also submitted by CCI that it was in reasonable and bonafide requirement of the property, for club activities.

CCI said, “Rustom is simply hanging on to the suit premises despite having kept the same closed and unused solely with the view to pressurize the plaintiffs to pay them to meet their unreasonable demands which are just not possible for the plaintiffs (CCI),”

It said that it has no other premises to do business and will be out on the streets if asked to evict.

Judge Todkar said, “It is already held that the plaintiffs have proved that, the suit premises are reasonably and bonafide required by the plaintiffs for their personal use for club activities and no hardship will be caused to the defendants if the decree of ejectment is passed in favor of the plaintiffs, therefore, they are entitled to recover quit, vacant and peaceful possession of the suit premises,”

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