ABBAS HUSAIN SARANG Vs. ISMAIL GAFOOR SARANG

JUDGEMENT

(1.) THIS appeal takes exception to orders emanating from two notices of motion taken out by the respondent-plaintiff.

(2.) THE plaintiff instituted a suit against the appellants-defendants in the City Civil Court at Bombay seeking an injunction to restrain the appellants-defendants from dispossessing and/or interfering with plaintiffs peaceful possession and enjoyment of the suit premises being two galas with open space admeasuring 50 ft. x 20 ft. at Kopergaon Estate described with sufficient precision in para 1 of the plaint. His case was that defendants were his first cousins and the owners of the suit premises. His firm was inducted into the premises some 20 years ago and he had been paying rent regularly at the rate of Rs. 250/- per month. Receipts for the rent paid had neither been passed nor insisted upon having regard to the mutual confidence between the parties. On 19-7-1983 defendant No. 1 accompanied by three others had threatened to take forcible possession of the premises unless plaintiff vacated quietly and without demur. A report of this occurrence had been given at the Byculla Police Station who had directed plaintiff to approach a Court for redress. Defendants had no right to dispossess him and as they had threatened to do the contrary, he was constrained to file the present suit. Para 4 of the plaint is important and for that reason is set out in full. It recites:---

(3.) DEFENDANTS in reply raised various defences the principal one being that the suit as framed was not within the jurisdiction of the City Court. It was contended that plaintiff had never been in possession and therefore no question arose of protecting his possession. In fact others were in occupation of the premises and they were there in their own rights and had not come into occupation on or after the dispossession of the plaintiff.