KHANDU BAJABA GAWANDE Vs. DEORAM BAJABA GAWANDE

JUDGEMENT

(1.) Revisionary jurisdiction of this Court under Sec. 115 of the Code of Civil Procedure, 1908 (Code) is invoked for assailing the judgment and order dtd. 9/12/2022 passed by the learned Judge, City Civil Court, Greater Bombay in S.C. Suit No. 3192/2012. The Suit is decreed directing the Applicants to restore possession of suit premises to the Plaintiffs and the Applicants are restrained from dispossessing the Plaintiffs from the suit premises without following due process of law and from disturbing their possession.

(2.) The case of the Plaintiffs, as pleaded in the plaint, is that Plaintiff No.1 was working with Food Corporation of India Limited and he purchased two premises in the year 1972-73 viz. i) Unit No. 219/8559 for residential purposes and ii) Unit No. 198/7796 for dispensary purposes, both at Kannamwar Nagar No. II, Vikhroli East, Mumbai - 400083.

(3.) Plaintiff No.1 claims himself to be a doctor with qualification of Ayurved Vaidya Visharad and it is claimed that he commenced his dispensary from premises bearing No. 198/7796, which formed the 'suit premises '. The Defendant is the brother of Plaintiff No.1 and according to Plaintiff No.1, Defendant was educated only upto 5th standard and was always maintained and looked after by Plaintiff No.1. According to Plaintiffs, the suit premises were purchased by Plaintiff No.1 in name of Defendant as per the family arrangement. However, Plaintiffs always possessed and occupied the same for running the dispensary of Plaintiff No.1. That all maintenance charges in respect of suit premises were always paid by the Plaintiffs. According to Plaintiffs, Plaintiff No. 2 completed his education in Ayurveda and started his practice from the suit premises. That Plaintiff No.2 got married to Plaintiff No.3, who is also a qualified doctor and started her practice from dispensary run in the suit premises.