BAI SHIRINBAI RAHIM VALIMAHOMED Vs. NARAYANDAS KARAMCHAND

JUDGEMENT

(1.) THIS is a suit against a trespasser.

(2.) THE plaintiff is the sole surviving trustee and executrix of the will of one Rahim Valimahomed, and as such claims to be the owner of a bungalow known as Rahim Mansions situate at Poona. Her case is that by an agreement executed in Bombay and dated 6-3-1948, she agreed to allow and permit the defendant to use and occupy the bungalow on the basis of leave and licence and on terms and conditions contained in that writing. The period agreed upon was eleven months and the license was to expire on 28-2-1949. There was correspondence between parties in the course of which the defendant took up the attitude that he was not a mere licensee but a tenant of the plaintiff. He declined to vacate the premises and hence the suit.

(3.) THE reliefs sought 'inter alia' are (a) that the defendant, his family, dependants, servants and agents may be ordered to remove themselves from the said premises together with all their belongings, (b) that the defendant, his family, dependants, servants and agents may be restrained by an order and injunction of this Hon'ble Court from entering upon the said premises or any part thereof, and (c) that the defendants may be ordered and decreed to pay Rs. 225 per month as from 1-3-1949, till the injunction claimed in prayers (a) and (b) above becomes effective.