ANTONIO FERNANDES Vs. SHAKUNTALA D. NAIK

JUDGEMENT

(1.) HEARD Shri Guru Shirodkar, Learned Counsel appearing for the Appellant and Shri Agni Learned Counsel appearing for the Respondent nos. 1 to 6 and Shri A. Nachinolkar, Learned Counsel appearing for Respondent no.7.

(2.) THE above Appeal challenges the Judgments and Decrees passed by the Courts below whereby the suit filed by the Appellant for permanent injunction and restoration of possession of the suit property came to be rejected.

(3.) THE Respondents filed their written statements disputing the claim put forward by the Appellant. According to the Respondent no.1, the tenants of the locality formed Association which has all the rights to operate/auction the fishing rights of the sluice gates. The Respondent no.1 also disputed the jurisdiction of the Court to entertain the suit. It is further their case that in the year of 1968, all the sluice gates were repaired by the Tenants Association and in 1972, new doors were constructed by the said Association. The Respondent no.2 filed written statement and also disputed the tenancy of the Appellant and possession of the sluice gates.