JUDGMENT - H.H. KANTHARIA, J.:---This is an appeal from order dated 1-7-1983 passed by the learned Judge of the Bombay City Civil Court dismissing the chamber summons taken out by the appellant (hereinafter referred to as "the plaintiff") in S.C. Suit No. 5577 of 1979.

2. The facts giving rise to this appeal are that the plaintiff and the member of her family were occupying Room No. 4569, in Building No. 150 at Kannamwar Nagar, Vikroli, Bombay belonging to Maharashtra Housing Board (hereinafter referred to as `the suit premises'). The said premises were allotted to her as she was an industrial worker. Sometime after December 1975 as her husband expired in an accident she vacated the suit premises and handed over the same to one Ghanshyam S. Kawade (hereinafter referred to as `defendant No. 1') for a temporary period for use and occupation. After one year she requested defendant No. 1 to vacate the suit premises and she was given assurance on that behalf. Subsequently she found, in the month of August 1979, that one Francis (hereinafter referred to as the `defendant No. 2') was in possession of the suit premises with his family. On enquiries he told the plaintiff that he had purchase

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