DILIP GANPAT SAKRE Vs. INDRAJIT KANSEN GANJAWALA

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is directed against concurrent judgments of the Courts below by which Obstructionists Notice taken out by the decree-holder for removal of the petitioners had been made absolute.

(2.) Respondents Nos. 1 to 16 are original plaintiffs who filed an Obstructionists Notice for removal of the petitioners who resisted the execution of the decree passed against respondent No. 17-The Municipal Corporation of Greater Bombay. The suit premises are Room Nos. 22 to 25 and 27 to 25 in the Calcuttawala Building at 71, Lamington Road, Mumbai. The building was let out to the Municipal Corporation of Greater Bombay ("Corporation" for short) to run a school. Respondent Nos. 1 to 16 filed R.A.E. Suit No. 543/5893 of 1965 in the Court of Small Causes at Mumbai for eviction of the Corporation. Said suit was decreed on the ground of change of user. The Court of Small Causes confirmed the decree in Appeal No. 567 of 1973 confirming findings of change or user by judgment and decree dtd. 3/10/1985.

(3.) Respondent Nos. 1 to 16 filed Obstructionists Notice No. 98 of 1988 as the petitioners obstructed warrant of possession, claiming to be in lawful occupation of the premises. The respondents, therefore, prayed for the removal of the petitioners and vacant possession of Rooms Nos. 22 to 25 and 27 to 35.