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1994 Supreme(Bom) 531

R.G.VAIDYANATHA
Shrikrishna Bhau Parab and others – Appellant
Versus
Roshan S. Boyce – Respondent


JUDGMENT - R.G. VAIDYANATHA, J.:---This is an appeal against the judgement and Dercee dated 29-1--1993 in Short Cause Suit No. 5638 of 1989 filed in the City Civil Court Bombay. I have heard the learned Counsel appearing for both the parties.

2 The few facts which are necessary for the disposal of this appeal are as follows:The respondent-plaintiff filed a suit in the Court below against the appellants for a declaration that the defendants/appellants are trespassers of the suit property and for possession of the suit premises. The suit premises is a temporary shed situate in property bearing No. D-3495(1) at 8-A, Carmichael Road, Bombay 400026. The plaintiff is the owner of the entire property in which the suit property is situated

The plaintiffs case is that deceased Bhau Krishna Parab was working under the plaintiff and her husband as a servant. He was permitted to occupy and use the temporary shed . Some time in February 1980, Bhau Krishna Parab left the services of the plaintiff. Than the plaintiff and her husband called upon Bhau to vacate the temporary shed. He took some time but did not vacate the same .Then a legal notice was issued to him. It is stated that the possessi

















































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