JUDGMENT - V.H. BHAIRAVIA, J.:---This appeal is filed against the judgment and decree passed by the learned Judge, City Civil Court, Greater Bombay dated 26-10-1994 in S.C. Suit No. 6829/75 by the original defendant No. 1 the appellant herein.

2.The suit was filed by respondent No. 1 and his widowed mother-original plaintiff No. 1 who died during the pendency of the suit; against the present appellant-defendant No. 1 and one Lalchand Gurjan Yadav as defendant No. 2 who died during the pendency of the suit but his legal heirs were not brought on record and the learned Judge in the order of decree declared a suit abated against defendant No. 2. The respondent Nos. 2 to 22 herein are the tenants of the suit property and respondents Nos. 23 to 25 are the legal heirs of the deceased plaintiff No. 1.

3.The facts of the suit in brief are that, one Shri Jamnaprasad Yadav, the deceased father of the respondent No. 1 owned two plots of land admeasuring 250 sq. yards bearing C.T.S. No. 376(Pt.) and 277 sq. mts. bearing C.T.S. No. 377 out of Survey No. 194 (Pt.) situated at Kanjur Village, Bhandup, Bombay on tenancy basis alongwith one Ramdas Shirvalkar Yadav and Ramdhani Dattani from Khot of Bh

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