GHANSHYAMDAS Vs. OM PARKASH

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment dated 3-9-91 of the High Court of Bombay, Nagpur Bench in Second Appeal No. 351 of 1991.

(2.) Om Parkash and Shantabai, original plaintiffs (hereinafter referred to as respondents) filed Special Civil Suit No. 44 of 1985 for recovery of possession and damages at Rs. 10,000 on the following averments.

(3.) A money decree was obtained in Civil Suit No. 133/64 against Balkishan and Laxminarayan. In execution of that decree, the suit house was attached and sold in court auction. Gian Chand purchased the auction sale on 26th of August, 1969 for Rs. 6771/-. He executed a gift of the same by a deed dated 7th of May, 1975 in favour of respondents 1 and 2. Since Ghanshyamdas and Gokuldas, original defendants (hereinafter referred to as the appellants) are relations, they were permitted to occupy the southern side of the suit house. On 21st of August, 1984 a notice was issued calling upon them to vacate. This was not complied with. Hence, they filed .a suit for recovery of possession and damages of Rs. 10,000/- for wrongful occupation.