PESTONJI DHANJISHAW ZILLA Vs. NADARSHAH R MULLA

JUDGEMENT

(1.) This is an appeal from on order passed by the learned judge of the City Civil Court, Bombay, dismissing the plaintiffs Notice of Motion for an injunction in relation to an order made by the Court of Small Causes at Bombay in an Ejectment Application No. 600/E of 1962.

(2.) It is necessary to set out a few facts in order to appreciate the rival contentions, and to consider whether the plaintiff has made out a prima facie case for issue of the injunction.

(3.) The plaintiff Pestonji Dhanjishaw Zilla claims to be in exclusive possession and occupation of a room in Khareghat Colony, Hughes Road, Bombay-7. Defendants Nos. 1 to 7 to the suit are the trustees of the Parsi Panchayat, Bombay, which claims to own the several properties in the Khareghat Colony---including the building to which the said room is attached. Defendant No. 8 is one A. H. Wadia, described as Khot of Kurla, having his office on Station Road, Kurla, Bombay-70. Defendant No. 9 is one Ratanbai Beaverwalla and it is significant that her address is not given either in the plaint or in the Notice of Motion.