MEGHJI JETHA SHAH Vs. KALYANJI NANJI SHAH

JUDGEMENT

(1.) This revision application is directed against the order dated 13th November, 1986 passed by the learned Judge, City Civil Court, Greater Bombay, in short Cause Suit No. 3172 of 1984 filed by the respondent under section 6 of the Specific Relief Act for recovery of possession of the suit premises i.e. Shop No. 20 in Municipal Market at Borivli on the averments that he was carrying on the grocery business in those premises since the year 1971 and while he was in settled possession of the premises and was running his grocery business he was without due process of law forcibly dispossessed by the present petitioner on 12th April, 1984. The respondent took out a Notice of Motion for appointment of a Court receiver with a direction to appoint him as his agent and allow him to run the business of Bharat Stores which he was running till he was dispossessed on 12th April, 1984. In support of the Notice of motion, the Respondent (plaintiff) filed his affidavit and produced various documents.

(2.) The petitioner (defendant) by his affidavit-in-reply opposed the Notice of Motion. According to the petitioner (defendant), he held the premises on licence from the Municipal Corporation and he was running the business at suit premises. According to him, the Respondent (plaintiff) was working at his shop as his servant. He denied that the business under the name and style of Bharat Stores was being carried on by the respondent (plaintiff) in his rights at the suit premises.

(3.) The learned trial Judge after considering the affidavits filed in support and in reply and also the various documents produced by the parties on record, passed an order on 13th November, 1986 and thereby made the Notice of Motion absolute in terms of prayer Clauses (a), (b) and (c). In the final order he has set out various terms on which the respondent (plaintiff) should be allowed to run his business at the suit premises as agent of the Court Receiver.