ASHOK B NIGUDKAR Vs. SUDHADRA P NIRGUDKAR

JUDGEMENT

(1.) The Appeal takes exception to the order passed by the learned City Civil Court, Mumbai dated 14th November, 2011 thereby holding that the Court had no jurisdiction to entertain and try the suit filed by the present Appellant.

(2.) The facts in brief giving rise to the present Appeal are as under:

(3.) It is the contention of the Plaintiff that on 9th April, 1987, Anandibai expired & after her death the deceased Prakash & his family continued to reside on ground floor & Plaintiff and his family occupied first floor. On 29th July, 1999 Prakash died and thereafter the family of Prakash as well as Anandibai were residing as members of one family. It is the contention of the Plaintiff that in a slum development scheme, Defendant No.1, without consent of the Appellant entered into Tripartite Agreement and also took rent for temporary alternative accommodation.