FRANCISCO XAVIER DIAS Vs. JOSEPH MAURICE DIAS

JUDGEMENT

(1.) This appeal impugns an order dated 14th August, 1998, passed by the learned Judge of the City Civil Court at Bombay, on Notice of Motion no.3612 of 1998 in Suit no.4402 of 1998. The present appeal is filed by the original defendants.

(2.) The plaintiff claims that he alone with his brother are lessees in respect of the piece and parcel of land admeasuring 1012.08 square metres bearing Plot No.157 and more particularly described in the plaint.

(3.) By a lease agreement dated 22nd February 1957, the land was demised for a period of 98 years from 1 4.1927 to the plaintiff by Salsette Catholic Housing Society Ltd. The Plaintiff's residential premises comprise ground floor and has an entrance to the first floor through a room near the staircase. The stair case leads to the first floor which comprise Room No.1 on the right hand side of the landing and a fover on the left hand side which is subsequently enclosed by the Defendants and shown as Room no.2. The access to the common terrace on the first floor is only through Room no. 1 and 2. The said rooms are in possession of defendant nos.1 and 2. Room nos.1 and 2 are the suit premises.