SULAIMANKHAN DILAWAR KHAN Vs. SHAIKH AHMED MADAR SAHEB

JUDGEMENT

(1.) APPLICATION for leading additional evidence being Civil Application No. 1802 of 1989 is rejected as the same is not warranted by the provisions contained in Order XLI, Rule 27 of the Code of Civil Procedure.

(2.) THIS appeal is directed against the judgment and decree passed by the Bombay City Civil Court at Bombay on 20th January, 1981 In Suit no. 1634 of 1968. By the said decree the Bombay City Civil Court at bombay passed a decree for possession of suit premises i. e. Shop No. 1, gulshan Mahal, Forus Road, Bombay in favour of the plaintiff and against the defendant. By the said decree, the defendant in the suit was permanently restrained from entering upon the suit premises. By the said decree the defendant was directed to pay certain amounts to the plaintiff as more particularly set out therein. A decree was also passed by the trial Court in favour of the plaintiff and against the defendant for recovery of future mesne profits at the rate of Rs. 55 per month from the date of the salt till recovery of possession.

(3.) THE appellant before this Court was original defendant in Suit no. 1634 of 1968.