BALAKRAM BHIMAJI MORE Vs. SITARAM MANAJI SHINDE

JUDGEMENT

(1.) This Civil Revision Application arises out of the order passed by the learned Judge of the City Civil Court, Bombay, disallowing the plaintiffs application for amendment of the plaint except for the portion bracketed by the learned Judge in the schedule annexed to the Chamber Summons for amendment.

(2.) On 29th July, 1974, the plaintiff, who is the petitioner before me, filed a suit in the City Civil Court at Bombay, being Suit No. 5639 of 1974, against the respondents (original defendants) for a permanent injunction restraining the defendants, their servants and agents from interfering with the petitioners use and occupation, enjoyment and exclusive possession of certain premises, namely Room No. 56 in Jam Building No. 3, 3rd floor, Lalbaug, Bombay, and from taking forcible possession thereof and/or entering therein and for other consequential reliefs. On 30th July, 1974, the petitioner obtained an ad interim injunction against the respondents in a Notice of Motion taken out by him. That Notice of Motion is pending in the City Civil Court.

(3.) According to the petitioner, the room was acquired for the petitioner on 12th August, 1972 and a sum of Rs. 8,500/- was paid by the petitioner to respondents 1 and 2 and a writing in respect thereof was obtained in the name of the 1st respondent. Further according to the petitioner, on 19th June, 1974, one Janardhan Ganpat Shinde admitted in a conversation which took place between the petitioner, his brother-in-law one N.R. Bhor, and Janardhan Ganpat Shinde at his native place, that this Room No. 56 was acquired for the petitioner and that a sum of Rs. 8,500/- has been paid by the petitioner and that a writing in respect of this room was taken in the name of the 1st respondent and that the other respondents have no right, title or interest in this room. According to the petitioner, this conversation which took place on 19th June, 1974 was tape-recorded that day while the conversation was in progress.