JUDGMENT - A.P. SHAH, J.:---This appeal is directed against the judgment and order dated 4-11-1997 passed by the learned Single Judge in Suit No. 556 of 1976 dismissing the suit. The suit was originally filed by two brothers Joe D' Souza and Peter D' Souza. During the pendency of the suit, plaintiff No. 1, Joe D' Souza died and, therefore, his name came to be deleted and the suit is continued by plaintiff No. 2, Peter D'Souza, hereinafter referred to as the plaintiff. The suit was filed by both the plaintiffs in the capacity as executors named in the last Will and Testament dated 17-9-1966 of their late mother Milagrina D' Souza who died at Mumbai on 27-7-1968. The property in dispute consists of a cottage and a garden situated at Chapeal Road, Bandra, Mumbai and was jointly owned by Milagrina D' Souza and her husband Diego D' Souza and after death of her husband Milagrina alone became entitled to the said property. Under an agreement of leave and licence dated 25-5-1965 the defendant Prithi Paul Singh came to be inducted as a licensee in the aforesaid property on payment of monthly compensation of Rs. 600. The said leave and licence agreement came into effect from 1-6-1965 and the

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