The famous ‘K.Rustoms & co. Ice Cream Parlour, owner of Rustum's ice cream parlor, has been ordered by the Minority Court to hand over possession of the shop premises at Brabourne Stadium to the Cricket Club of India (CCI) within two months.
The CCI had demanded the availability of shop space, claiming that the CCI needed the property for various purposes and that Rustoms did not do any business on the property. The CCI had filed the suit under the Maharashtra Rent Control Act. Minority Court Judge S. B. Todkar ruled in favor of CCI and and directed K Rustom & Company to hand over possession of the shop premises to CCI within two months.
The CCI had claimed that the company was paying a monthly rent of Rs 527, which was much lower than the standard fare. The CCI had also said that a significant portion of the space for which the land was leased to the company had not been used by the company for the last three-four years. The CCI had also claimed that it would have to bear the loss if it refused to vacate the shop premises.
The company had opposed CCI's claim. The court also noted that the site was available for free before World War II. The company also claimed that it had no other place to do business if the land was ordered to be handed over to CCI. The court, however, agreed with the CCI. The court also ruled in favor of the CCI which has been going on for the last 16 years.