YESHWANTI SHRIRANG PAI Vs. SUNITA WAMAN PAI

JUDGEMENT

(1.) This Letters Patent Appeal is filed by the original defendant in Bombay City Civil Court suit no. 6765 of 1983 against the order of the learned Single Judge in First Appeal from the judgment and order passed in the aforesaid suit dismissing the said appeal. The aforesaid suit was filed by the Respondent for an injunction against the appellants restraining them from entering upon the suit premises being Block No.6 in Ram Nivas, 2nd floor, Agar Bazar, C. K. Bole Road, Dadar, Bombay 28 and Shop No. 8 in Prajapati Bhavan, Ground Floor, Shivaji Park Road No.4, Dadar, Bombay 28. The said suit was decreed by judgment and order dated 8.2.1989 passed by the Judge, Bombay City Civil Court. The First Appeal therefrom has been dismissed under the impugned judgment and order dated 16.1.1991.

(2.) The Plaintiff in the suit claimed to protect her possession in the suit premises. One of the suit premises at Ram Niwas, is her residential premises, the tenancy of which stands in her name. The other suit premises is her business premises. The husband of the Appellant and the Respondent were brothers. They were husbands of the Plaintiff and defendant no.1 in the above suit. Both these parties claim through their respective husbands.

(3.) The original Plaintiff as well as her husband shall be hereinafter referred to as the Plaintiff . The original defendant no.1, and the husband of the original defendant no.1 shall be hereinafter referred to as the Defendants .