JUDGMENT

T.S. THAKUR, J.

1. Leave granted.

2. This appeal arises out of a judgment and order dated 16th October, 2009 passed by the High Court of Judicature at Bombay whereby the High Court has allowed Civil Second Appeal No.90 of 1992 set aside the judgment and decree passed by the Additional District Judge in Civil Appeal No.33 of 1987 and restored that passed by the Trial Court dismissing Regular Civil Suit No.87 of 1984. The factual backdrop in which the dispute arose may be summarized as under:

3. Manohar Narayan Rele owned a house bearing Panchayat No.105 situate in village Ravdanda, Taluka Alibag, District Raigad, in the State of Maharashtra. In RCS No.87 of 1984 filed by the said Shri Rele before the Civil Judge (Junior Division), Alibag, the plaintiff prayed for a decree for possession of the suit premises comprising a part of the house mentioned above on the ground that the defendants who happened to be the legal heirs of one Shri Narayan Keshav Ghosalkar, a Goldsmith by profession, residing in Bombay was allowed to occupy the suit premises as a gratuitous licensee on humanitarian considerations without any return, compensation, fee or charges for such occupation. Upon the d