RAJESHREE PRAVIN SONAWANE Vs. ARVIND KUMAR FATECHAND MANGHIRAMALANI

JUDGEMENT

(1.) The AppellantsOriginal Defendants have challenged order dated 28 March 2013 passed by the learned Civil Judge, Senior Division, Thane. The operative part of order is as under:

(2.) The RespondentOriginal Plaintiff has filed a suit under Section 6 of Specific Relief Act, 1963 for restoration of possession and for the damages on 2.8.2010. The PlaintiffRespondent's case is that on 22.2.2010, someone broke open the lock and entered the flat and took away the Plaintiff's belongings and therefore the suit.

(3.) The Appellants appeared and filed a written statementcumcounter claim. The Appellants contended that they are residing in the premises since 20.11.2005, hence the question of dispossession of the Plaintiff on 22.2.2010 did not arise. They also expressed their readiness and willingness to perform their part of the contract on the basis of Agreement dated 30.7.2005. There are other various issues need to be considered not only of possession.