(1.) THIS appeal is directed against the judgment of the Division Bench of the Bombay High Court granting a decree for the relief of possession of the suit property together with a direction for inquiry into mesne profits, by reversing the judgment of the single Judge who had dismissed the original suit. Facts
(2.) TWO brothers, Shivchandrai and Ramvallabh, purchased a plot of land measuring 1063 sq. meters at Malviya Road, Ville Parle, Bombay in the year 1928. Haribux was the third brother, whose son was Nand Kishore and who in turn had a son by name Shashikant.
(3.) SOMETIME in 1933, Bajranglal, the appellant, was born to ShivChandrai I in Hari Niwas itself. In 1939 Ramvallabh died leaving behind his wife Durgabai, one daughter and son Mahavirprasad. In 1962, one of the six sons of Shivchandrai, namely, Chandra Prakash, shifted his residence to Bandra and has been living separately. Shashikant with his father Nandkishore moved out to Madras and settled there.