SHANTILAL KALIDAS SHAH Vs. LALLUBHAI TALAK CHAND

JUDGEMENT

(1.) The above First Appeal is filed by the defendants in Suit No. 655 of 1960, in the Bombay Civil Court at Bombay. On February, 22, 1960, the plaintiff-respondents filed the suit (a) for a declaration that the leave and licence granted to the defendants was revoked and the defendants were trespassers having no right to enter upon or remain on the suit premises; (b) that the defendants be ordered by mandatory injunction to forthwith remove themselves, their servants and agents and their belongings, if any,from the suit premises and the defendants be ordered to hand over to the plaintiff vacant possession of the suit premises; (c) that the defendants, their servants and agents be restrained by an order and injunction from trespassing and continuing to trespass and/or entering or remaining upon the suit premises and/or any part thereof and for mesne profits and costs and other incidental reliefs.

(2.) The allegations in the plaint may be briefly summarised as follows :

(3.) It was alleged that defendant No.1 was helping plaintiff No. 1 in his business. He was sleeping, with plaintiff No. 1's permission, at night in the store room of the premises till 1950 when he acquired a suitable residential block at Zeveri Bhuvan, Nariman Road, Vile Parle. Since that time, defendant No. 1 has been residing at Vile Parle at the said address. Defendants nos. 2 and 3 are the brothers of defendant No. 1. They too were sleeping in the store-room with plaintiff No. 1's permission. Defendants Nos. 4, 5, 6, and 7 subsequently in the store-room.