ABRAHAM SASON Vs. ELIAS JOSEPHAI

JUDGEMENT

(1.) [C R P No.503/2010]

(2.) Late Abhi Gayel, and prior to her, her mother Leya were started and were conducting a cassette shop by the name 'New Manora Cassette Shack' in building No.3188/40. Late Abhi Gayel had obtained D&O licence for conducting the shop, consequent to the demise of her mother. The first plaintiff was conducting an agency by the name 'Zion Agencies' in one of the shop rooms and another room was used as a store. The first plaintiff claims to be residing in the remaining portion of the building, and the entry to the residential quarters was through one of the shutters on the front of the building. He is a bachelor, and the business that he conducts in the plaint B schedule building is his only means of livelihood. Consequently to the demise of his mother, the first plaintiff claims that he has been in exclusive possession of the property.

(3.) While so, on 22.10.2007 defendants 1 and 2 and their henchmen allegedly trespassed into the building, removed the board 'Zion Agencies' and thereafter, modified the shop rooms making alterations and erected two flex boards namely 'Simon Navodaya Video Vision' and a fancy shop named 'Elegance'. The first plaintiff and his nephew Dan Elias attempted in vain to prevent defendants 1 and 2 and their henchmen from taking over possession of the property by force. They were severely manhandled and were hospitalised till 23.10.2007. Though Crime No.1638/2007 was registered against defendants 1 and 2 and their men, the Police were slothful in action, and did not take any concrete steps against defendants 1 and 2. On 24.10.2007, the remaining portion of B schedule building was encroached upon by defendants 1 and 2, thereby preventing the entry of the first plaintiff to the residential quarters. A petition filed before the Commissioner of Police on 25.10.2007 was of no avail. The cassette shop belonging to the first plaintiff was raided by defendants 1 and 2, and the cassettes and CDs in the shop misappropriated.