JUDGMENT - VAZE V.V., J.: - “The Cheshire Cat vanished quite slowly, beginning with the end of the tail and ending with the grin, which remained some time after the rest of it had gone”. Such was the 'Alice in Wonderland' story of Kumudini Shah an auction purchaser, who purchased a property formerly known as 'Globe Theatre' and surrounding buildings, as well as a three storeyed building known as 'Globe Chawl, situate in City Survey Nos. 18 and 19-A, Shukrawar Peth, Poona which has subsequently been numbered as 1100 and 1101, Budhwar Peth, Poona. Shah waited for some eleven years to get possession of the property and when she got it, found that mesne profits for all those years except the last three have vanished like the Cheshire Cat.

2. This property, along with other, formed the subject matter of a Civil Suit No. 82 of 1952 in the Court of Civil Judge, Senior Division, Poona. This suit was filed by a mortgagee against the mortgagors and other subsequent mortgagees for foreclosure and realisation of the debt by sale of the mortgaged property. Punamchand Shrichand the mortgagee obtained a preliminary decree on 21st November, 1952. One K.M. Mody was also joined as Defendant No. 10 to

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