BANU HASHIM WARUNKAR Vs. ABDUL RAHIMAN AMIN WARUNKAR

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) DECEASED Hashim, husband of the present applicant, was son of respondent nos.1 and 2 and elder brother of respondent no.3. According to the applicant, she was married to Hashim on 28th March, 1989 and after the marriage, she was living with him along with respondent nos.1, 2 and

(3.) ON perusal of the record, it appears that there were in all three galas. Gala no.3 stands in the name of respondent no.3. Gala no.2 stands in the name of applicant and gala no.5 stands in the name of her son. The learned Magistrate had appointed Tahasildar as Protection Officer, as per the provisions of Section 8, to make inquiry about these galas and to submit a report. Accordingly, the protection officer submitted the report. The report was also sought from the Municipal Council, Mahabaleshwar, by the Protection Officer about gala no.2 as per his letter dated 29th July, 2007, Exhibit 75. The Municipal Council by letter dated 30th July, 2007 informed that shop no.2 had been given to the applicant as a licensee. The receipts Exhibit 76 to 88 go to show that on 26th March, 2007, she was in possession of Shop no.2. Similarly, the Protection Officer's report also reveals that she is in possession of Shop Nos.2 and 5 but now the respondents are carrying on business at the same place. The record also reveals that one Bharat Virji Shah had transferred the said gala no.5 in the name of Aawez. In view of the material on record, the trial court came to the conclusion that the applicant was in possession of gala nos.2 and 5 till 26th March, 2007 when she was driven out from the same and at present, respondent nos.1, 2 and 3 are carrying on the business at the same place. After going through the oral and documentary evidence as well as the protection officer's report, I find that the findings of the trial court in this respect were correct and the applicant was in possession of gala nos.2 and 5 and she was dispossessed from the same.