SITARAM JADHAV Vs. ARADHANA GAJANAN NARKAR

JUDGEMENT

(1.) THIS is a defendant's appeal against the Judgment and decree dated 22.12.1994 in S.C. Suit No.9353 of 1989 on the file of the City Civil Court, Bombay. I have heard both the sides.

(2.) THE Respondents filed a suit in the trial Court against the appellants for recovery of possession of the suit premises and some other consequential reliefs. Their case is that their father was the original tenant of the entire shop premises bearing No.7B of Chhapra Building, N.C. Kelkar Road, Dadar, Bombay 400028. Since the father was not well and suffering from a heart attack, tenancy of the shop was made in the name of the mother. The father died in 1973 and the mother died in 1982. It is the plaintiff's case that the first defendant was doing lottery ticket business on the footpath in front of the shop but some time in 1971 on the request of the first defendant, he was granted oral licence to keep the lottery board and other articles inside the portion of the shop namely the western portion during the night and he would take away those things in the morning. The first defendant had no legal right and no possession regarding the suit premises which is western portion admeasuring 5' x 4' in shop no.7B. It is alleged that on 20th December 1989, the first defendant forcibly occupied the suit premises. Then a complaint was lodged by the plaintiffs with the police. Since the Appellants did not opened the lock, the plaintiffs filed the present suit making allegations about defendants' taking forcible possession of the suit premises and asking for the relief of possession and consequential reliefs.

(3.) THE learned trial Judge framed the following issues :