KAZI CUMRDDIN HUSSEIN Vs. RAJENDRAKUMAR MANEKLAL

JUDGEMENT

(1.) This application undr Article 227 of the consitution of India has been filed by the petitioner-tenant challenging the judgments and orders passed by the lower courts.

(2.) Few facts leading to this application are as under : A piece of land admeasuring 1500 sq. Feet from City Survey No. 1789 situated at Bombay parel-sewree Division Municipal street No.89, Tokersey jivraj Road, sewree, Bombay-400 015 was leased out to the petitioner some where in the year 1924. The respondents are admittedly the owners of the said piece of land. It is also an admitted fact that the petitioner raised a structure on the said piece of land at his own costs

(3.) Respondents-plaintiffs filed suit No. 2257 of 1955 against the petitioner and one mohmed Gafoor in the City Civil Court at Bombay for a declaration that the petitioner and others trespassed on the suit land. The said suit was contested by the petitioner denying the claim of the respondents. The petitioner also filed suit No 63 of 1957 against the respondents and the said Mohmed Gafoor in the City Civil Court at Bombay for a declaraction that he was the tenant of the suit land and the shed thereon and for injunction restraining them from distrubing his possession of the suit land and the structure thereon.