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1994 Supreme(Bom) 617

R.G.VAIDYANATHA
Conrad Dias – Appellant
Versus
Joseph Dias – Respondent


JUDGMENT - R.G. VAIDYANATHA, J.:-This is an appeal against the judgment and decree dated 17th June, 1994 in Short Cause Suit No. 6487 of 1988 on the file of City Civil Court, Bombay. I have heard the learned Counsel appearing for both the parties.

2. This is an appeal involving dispute between a father and a son. The father, who is respondent to this appeal, filed a suit in the trial Court for injunction restraining the appellant-defendant from entering or remaining in the suit premises. His case is that he is the owner of the suit property which is called as "Brazvilla" situated at Dadar. It is stated in the plaint that the plaintiff and the defendant are residing in second floor of the suit premises. The plaintiff was working in the Reserve Bank of India and on transfer was forced to stay at Bangalore. He had authorised his uncle to look after the suit property. The uncle was unwell and died in 1982. Hence in 1982 the plaintiff had given a power of attorney to the defendant to look after the maintenance of the suit property. Since the defendant was playing mischief and was attempting to alienate the property, the power of attorney was revoked. There is strained relationship betwee















































































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