NILESH C OJHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Before indicating the prayers for which this Criminal Writ Petition is filed, it will be necessary to refer to the facts noted by this Court in Appeal (L) no.352 of 2014 and the orders passed by Mrs.Justice Roshan Dalvi.

(2.) The petitioner is an Advocate for Sanjay Punamiya, defendant no.1 in Suit no.175 of 2014. The suit is filed by the owner of a 7,000 sq. ft. flat at Marine Drive, Mumbai, alleging that defendant no.1 trespassed into the suit flat and fabricated documents to show that he is granted lease in the suit flat on a monthly rent of Rs.50,000/- per month only.

(3.) The Plaintiff is the daughter of the owner of the building claiming title of the entire building of which the suit flat is one of the flats. The Plaintiff's case in the suit is that Sanjay Punamiya (Defendant no.1) trespassed upon the suit flat which was in possession and occupation of Mr.Faizal Essa Alyousuf Al-Essa ('Faizal'), who was the constituted attorney of Plaintiff's father. The said Faizal had kidney transplant in January 2013 in Mumbai and after recovering from the surgery, he left India for Kuwait on 6 May 2013 for rest. Defendant no.1 Sanjay Punamiya claims to have been inducted as a tenant into the suit flat on the fifth floor of a building on Marine Drive admeasuring about 7,000 sq.ft. from Faizal on the basis of alleged tenancy agreement dated 30 October 2012 for a rent of Rs.50,000/- per month.