THRITY SAM SHROFF Vs. MEHROO MEHERJI VAKIL

JUDGEMENT

(1.) This Appeal arises out of judgment and decree rendered by the learned single Judge in suit No. 339 of 1991. By the impugned judgment, the suit filed by the respondent Nos. 1 to 3 came to be decreed.

(2.) The suit was for declaration to the effect that the defendants are trespassers and for their eviction as well for recovery of mesne profits.

(3.) Subject-matter of the suit is part of flat No. 5 and garage No. 10 of building called "Roxana" situated at 109, Maharshi Karve Road, Bombay. The suit property is described by means of blue colored lines as shown in sketch map marked Exh. "P-4". It will be referred hereinafter as "the suit premises". The appellant is original defendant No. 8-A, who was subsequently added as party to the suit after death of her mother by name Pilloo, who was original defendant No. 8.