SHAMIM MULLA N MULLA Vs. HUSSEINBHAI ALIAS MITHUBHAI

JUDGEMENT

(1.) THIS appeal was admitted on 11. 6. 98 and was fixed for final hearing by Justice rebello and hence it is taken up for final hearing today.

(2.) THE present appeal impugns an order dated 22. 5. 98 passed by the learned judge of the City Civil Court on Notice of Motion No. 2268 of 1998 in S. C. Suit no. 2421 of 1998. By the impugned judgment, the learned Judge has dismissed the notice of Motion and hence the present appeal.

(3.) IT is the case of the Plaintiffs that they are in undisturbed and uninterrupted peaceful possession in respect of the C. I. Shed premises admeasuring 3000 sq. ft. in the compound of the property known as Manjreker Wadi, lying and being situated at Dr. E. Moses Road, Opp. Shah and Nahar industrial Estate, worli, Mumbai-400 018. They are residing and dealing in waste papers in the suit premises since last 14 years and they are in settled possession. In the fire that broke out in the communal riot in 1993, their structure was set on fire and, therefore, they re-erected and reconstructed the suit premises. It is their case that they have sufficient documentary evidence such as, ration card, hand cart licence, driving licence, election photo identity card to show the address of the Plaintiffs as the suit premises. It is further averred in the plaint that the Defendant has no right, title or authority in law to disturb the peaceful possession of the Plaintiffs. The Defendant is a stranger and he intends to dispossess the Plaintiffs of the suit premises by demolishing their structure. On these allegations, the suit was filed praying for an order and injunction restraining the Defendant from disturbing the alleged peaceful possession of the Plaintiffs in respect of the suit premises.