TAJUL ISLAM Vs. SHARIYATULLAH MANSOORALI SHAIKH

JUDGEMENT

(1.) THIS writ petition is directed against the judgment and order dated 30th April, 1992 of the Bombay City Civil Court decreeing the suit of the respondent against the petitioners under section 6 of the Specific Relief Act, 1963 for recovery of possession of a room bearing No. 206 situated at Shivajinagar Zoppadpatti, Borivli (the suit premises ).

(2.) THE facts of the case, briefly stated, are as under: The respondent Shariyatullah Mansoorali Shaikh filed a suit against the petitioners under section 6 of the Specific Relief Act. The case of the respondent was that he had taken exclusive possession of the suit premises on 23 January, 1984 as per an affidavit dated 23 January, 1984 executed by petitioner No. 2, Janubibi, wife of petitioner No. 1 Tajul Islam. Since then, according to the respondent, he was in occupation of the suit premises till 11-3-1986 when the petitioners, with the help of some others, broke open the lock of the suit premises, threw out the articles of the respondent and took forcible possession of the same. Next day, on 12 March, 1986, when the respondent went to the suit premises, he found the petitioners in possession of the same and his articles lying outside. He lodged a complaint with the Borivli Police Station on 12 March, 1986 and a case was registered on his complaint under sections 454, 448 and 341 read with section 114 of the Indian Penal Code. The criminal case was, however, dismissed by the Metropolitan Magistrate, Borivli on the ground that the prosecution hopelessly failed to prove the allegations.

(3.) THE petitioners (original defendants), in their written statement in the suit for specific relief, denied all the allegations of the respondent. The case of the petitioners was that they were residing in the suit premises along with their children since 1975. It was stated by petitioner No. 1 that the respondent was known to him and his family and he had promised that he would help him in getting the passport. It was under that pretext that he got the affidavit signed by his wife on which reliance was sought to be placed in support of the claim of possession of the suit premises and allegation of dispossession. According to him, on 23rd January, 1984 when he returned home he was told by his wife Janubibi that the respondent herein had taken an affidavit from her. He thereupon called the respondent immediately and got the affidavit read. On knowing the contents of the affidavit, he could realise the evil intention of the respondent. He, therefore, took away the said affidavit from him. The petitioners denied that the possession of the suit premises was ever given to the respondent by Janubibi as alleged by him. The trial Court framed issues, examined the witnesses and decreed the suit which is subject matter of challenge in this writ petition.