C J GHADIALI Vs. Z B WADIWALLA

JUDGEMENT

(1.) The original defendants to the suit which was filed in the City Civil Court at Bombay are the appellants and the original plaintiff is the respondent. For the sake of convenience the appellants will be referred to as the defendants and the respondent will be referred to as the plaintiff."

(2.) One Soonabai was a tenant of two flats, being Blocks Nos. C and D in Nicholson Building, Wadia Street, Tardeo, Bombay. She had daughter, Dhanbai. Dhanbai had three daughters. Putlibai, Khoshed and Banubai. Putlibai was married to the 1st defendant who is now dead, having died after the suit was decided. The plaintiff and the defendants Nos. 2 and 3 are respectively the two daughters and the son of Putilibai and the 1st defendant.

(3.) Both Dhanbai and Putlibai predeceased Soonabai. Both of them died prior to 1942. In the year 1942. Soonabai transferred the tenancy of block D in favour of the 1st defendant. On 18th July, 1948, both the plaintiff and the defendant No. 3 got married. The plaintiff went to reside with her husband at Fanaswadi, Dhobitalao where they resided with the brother of her husband. The defendant No. 3 along with her husband resided with the 1st defendant in block D. A few months or a year thereafter, the plaintiff and her husband had to leave the Fanaswadi residence and were given accommodation by Soonabai in block C. Soonabai died in the year 1951. The admitted position is, that at the time of the death of Soonabai, the defendant No. 1 along with the defendant No. 2 and the defendant No. 3 and her husband, were residing in block D and the plaintiff and Khorshed were residing in block C with Soonabai. Each block consists of 2 rooms and a kitchen and a large entrance passage. Immediately prior to the death of Soonabai, one room was partitioned and a portion thereof was occupied by Khorshed and the other by the plaintiff and her husband, and the kitchen was in common use. The arrangement of occupation of block D at this stage is not relevant.