GREEN SHOES COMPANY Vs. ABDULABHAI AHMADALI CHHTRIWALA

JUDGEMENT

(1.) First Appeal No.123 of 1985 is filed by the original defendant Nos.1 and 2 while First Appeal No.552 of 1985 is filed by the original plaintiff being dissatisfied with the judgment and decree dated 19-10-1984 passed in Civil Suit No.3545 of 1980 by the learned Judge, City Civil Court No.11, Ahmedabad, whereby the suit of the plaintiff was partly allowed and the defendant Nos.1 and 2 were ordered to remove the weather shed affixed on the new door put by them on the eastern wall as well as the chokdi and water tap put up in front of the plaintiff's shop and were permanently restrained from affixing the weather shed and putting up any water chokdi construction, however, they were permitted to continue use of the door put up by them.

(2.) As parties to both the appeals are same and as the appeals arise out of the same judgment and decree dated 19-10-1984 passed in Civil Suit No.3545 of 1980 by the learned Judge, City Civil Court No.11, Ahmedabad, they were heard together and are being decided by this common judgment.

(3.) The case of the plaintiff in short is that the plaintiff was a tenant of property bearing M.C.Nos.2633 and 4239 and was doing business of selling trunks, suitcases, umbrellas, buckets, etc. in the said premises. The defendant No.2 is one of the partners of defendant No.1-partnership firm doing business of selling footwear having his shop situated on the next door of the plaintiff. Both the shops of the plaintiff and the defendant No.1 are of Juma Masjid administered by Ahmedabad Sunni Muslim Wakf Committee. On the eastern wall of the defendant No.2, which is a blind wall facing towards the shop of the plaintiff, there was an Otta which was being used by the plaintiff and his predecessors since last 40 years. It is further case of the plaintiff that the defendant No.1 and its partners in collusion with members of said Wakf Committee broke the said eastern wall, affixed a door and an iron shutter on it. Since it was assured by the Wakf Committee and the defendant No.2 that the said door would not be opened and used, the plaintiff did not do anything excepting giving written objection. When the defendants were trying to put a weather shed on the said shutter for using the same as a passage by demolishing certain portion of the ceiling of the plaintiff's shop interfering with his rights, the aforesaid suit was filed by the plaintiff.