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1984 Supreme(Bom) 243

SHARAD MANOHAR
Abdul Jabbar & others – Appellant
Versus
Jumankhan s/o. Mohamed Hassan Khan – Respondent


JUDGMENT - SHARAD MANOHAR, J.:--- This appeal has been filed by the original defendants. Suit was filed against them by the respondent (who will be referred to hereinafter as 'the plaintiff') in substance for removal of the defendants from the suit premises, meaning thereby for recovery of possession of the suit premises which they have been occupying jointly with the plaintiff for a considerable period. The trial Court found that they have next to no defence to the suit and hence the suit has been decreed by the Court. For the reasons which will be presently stated, I have found it impossible to find fault with its judgment in general and the conclusion arrived at be the trial Court in particular, though I do feel sorry for the appellants.

2. The facts are fully and carefully stated in the judgment of the trial Court and since I have found that no fault can be found with the said Judgment, it is un-necessary to state the facts elaborately once again. For the sake of discussing the points that arise, only the following facts need be stated briefly :-

The suit premises are situate at Kassim Haji Chawl at Gol-Darwaza, Duncan Road, Bombay. It is just one room in the said Chawl and the























































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