TAIBA QUARESHI Vs. MARINA SEQUERIA LOURDES

JUDGEMENT

(1.) THIS petition is filed at the instance of the obstructionists, who have obstructed execution of eviction decree passed by the Judge, Small Causes Court, Mumbai, in RAE Suit No. 577/1303 of 1992, in favour of respondent No. 1, Landlady and against original defendant Nos. 1 to 3, the tenants (respondent Nos. 2, 4 and 5 herein) on the ground that landlady required house for her own of bona fide occupation. Parties to the petition are referred to as per their original status for the sake of brevity. The Facts : The facts giving rise to the present petition in nutshell are as under :

(2.) THE petitioners are occupants of adjoining flat No. 8 in a building known as "ragie Annexe", M. M. Chotani Road, Mahim, Mumbai 400 016, whereas dispute relates to flat No. 7 located in the same building.

(3.) THE original tenant-Mrs. Una C. Saldanha along with Anthony Saldanha and Rev. Fr. Chrys Saldanha, the original defendants in the suit were tenants of one Mr. Marine Sequeria. Mrs. Marine Sequeria, Landlady filed a suit for eviction and permanent injunction against her tenants being RAE Suit No. 577/1303 of 1992 in the Court of Small Causes at Mumbai. After the death of defendant No. 1, defendant Nos. 2 and 3 were treated as parties to the suit in their own capacity as well as legal representative's of the deceased defendant No. 1. In the said suit defendants suffered decree for eviction and permanent injunction on 6-8-1998; whereby defendants were directed to put plaintiff in possession of the suit premises and they were permanently restrained from inducting any third person or party in the suit premises. This decree has become final and conclusive.