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1996 Supreme(Bom) 393

R.M.LODHA
Harishchandra Narayan Maurya – Appellant
Versus
Rajendraprasad Dargahi Varma – Respondent


JUDGMENT - R.M. LODHA, J. :---Original plaintiff Harishchandra Narayan Maurya is the appellant in this appeal and is aggrieved by the order dated 19-10-1993 passed by the City Civil Court, Bombay dismissing two notices of Motion viz. Notice of Motion No. 3388 of 1992 and Notice of Motion No. 3986 of 1992.

2.The bare and essential facts are that the appellant herein (original plaintiff) filed a suit against the respondent herein (original defendant) in the City Civil Court, Bombay praying therein that the defendant be permanently restrained by an order of injunction from dispossessing the plaintiff from the suit premises and/or entering into the suit premises that is Room No. 21, Kach Karkhana, G.D. Ambedkar Marg, Wadala Road, Bombay. The plaintiff averred that the suit premises were purchased by him from the defendant on 10-2-1992 for a consideration of Rs. 2 lakhs. The transaction is said to be evidenced by the affidavit of the defendant dated 10-2-1992 and the receipt of the even date. Upon payment of the entire consideration of Rs. 2 lakhs plaintiff asserts that he came in exclusive possession of the suit premises. According to him in the last week of May, 1992 when he returned






















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