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1987 Supreme(Bom) 21

A.D.TATED
Meghji Jetha Shah – Appellant
Versus
Kalyanji Nanji Shah – Respondent


JUDGMENT - A.D. TATED, J.:---This revision application is directed against the order dated 13th November, 1986 passed by the learned Judge, City Civil Court, Greater Bombay, in short Cause Suit No. 3172 of 1984 filed by the respondent under section 6 of the Specific Relief Act for recovery of possession of the suit premises i.e. Shop No. 20 in Municipal Market at Borivli on the averments that he was carrying on the grocery business in those premises since the year 1971 and while he was in settled possession of the premises and was running his grocery business he was without due process of law forcibly dispossessed by the present petitioner on 12th April, 1984. The respondent took out a Notice of Motion for appointment of a Court receiver with a direction to appoint him as his agent and allow him to run the business of Bharat Stores which he was running till he was dispossessed on 12th April, 1984. In support of the Notice of motion, the Respondent (plaintiff) filed his affidavit and produced various documents.

2. The petitioner (defendant) by his affidavit-in-reply opposed the Notice of Motion. According to the petitioner (defendant), he held the premises on licence from the Municip














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