SOFIABEGUM MOHAMMAD SHAIKH Vs. JOSEPH ISRAEL

JUDGEMENT

(1.) The plaintiff has filed this appeal against a judgment and decree passed by the learned District Judge, Pune, setting aside the decree that was passed by the trial Court and dismissing the plaintiff's suit.

(2.) The plaintiff filed this suit to recover possession of two rooms on the ground floor of house No. 1127-23, situate at Old Modikhana, Pune, alleging that the defandent as occupying these rooms as a trespasser, even though possession of the same was taken by the plaintiff's predecessor- in title under execution of a decree in Civil Suit No. 2893 of 1965 passed by the Court of Small Causes. The suit house originally belonged to one Chandulal and his son Jugraj. In the above suit, Chandulal obtained a decree for possession against the defendant. He filed Darkhast Application No. 1057 of 1969, and it is the case of plaintiff that possession of the said rooms was given to Dr. Shaikh, the husband of the plaintiff on behalf of Chandulal, on April 19, 1969. After the possession was given, the rooms were locked It is the case of the plaintiff that the defendant broke open the lock and trespassed over the property and, therefore, the suit was filed,

(3.) The suit was resisted by the defendant. The trial Court held that Chandulal got possession of these rooms in execution of the decree, and the defendant had comitted trespass by breaking open the lock and entering in to possion. The rest of the contentions urged on behalf of the defendant were rejected, and the trial Court ultimately passed a decree for possession and for damages at the rate of Rs 15-per month from April 19, 1969, till actual physical possession was given. In an appeal preferred by the defendant, the decree that was passed by the trial Court was reversed by the learned District Judge. He held that in execution of the earlier decree no possession was taken by the decree-holder and, therefore, there was no question of any trespass by the defendant Accordingly, the learned District Judge dismissed the .plaintiff's suit. The present appeal is filed by the plaintiff against the said decree passed by the learned District Judge.