GULABBEN WD O CHIMANLAL MANIAR Vs. NARENDRA BALCHANDRA

JUDGEMENT

(1.) THIS writ petition under Article 227 takes exception to the order dated 14-11-1995 passed by the Judge, Small Causes Court, Bombay in Int. Notice No. 1975 of 1995 in R. A. E. and R. Suit No. 4628 of 1972.

(2.) THE petitioners have filed the above suit in the Court of Small Causes at Bombay praying for possession of the suit premises from the defendants or any other person (s) claiming through or under them. According to the petitioners one Pragji Vallabhdas Ukeda was the tenant in respect of the entire ground floor in the property owned by the petitioners known as "chudawalla Bungalow" bearing Municipal Ward No. P-6819 House No. 121 on Daftari Road, Malad (East), Bombay-64. The said Pragji died on or about 3-9-1971 in the house of his sister defendant No. 1-Krishnabai Vithaldas. The petitioners claim that defendant No. 2 is the widow of Bhalchandra and defendants 3 and 4 are the sons of Balchandra who were in possession of the suit premises after the death of said Pragji. The plaint makes reference to other allegations with which we are not concerned in the present matter. The learned Counsel for both the sides fairly state that the record before this Court does not indicate that the defendant No. 1 had filed written statement in the said suit. However written statement was filed on behalf of the defendant Nos. 2, 3 and 5 whereby they asserted that they were entitled to occupy the suit premises in their own rights as heirs of the original tenant-deceased Pragji. While this suit was pending it appears that defendant No. 1 died sometime in the year 1986 and this fact was brought to the notice of the Court consequent to which the Court passed order on 16-9-1992 which reads thus :

(3.) IT appears that thereafter the suit proceeded further. The proceedings recorded by the trial Court on 30-8-1995 would be relevant and are being reproduced hereunder. The respondents have placed reliance on the said order which contention will be dealt with a little latter.