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2002 Supreme(Bom) 957

J.G.CHITRE
P. N. P. Nair & others – Appellant
Versus
Board of Trustees of the Port of Bombay & others – Respondent


JUGDMENT - CHITRE J.G., J.:---The appellants who were original obstructionists Nos. 1, 2 and 3 in Obstructionist Notice No. 17 of 89 connected with Eviction Application No. 79/351 of 75 are hereby invoking the jurisdiction and authority of the High Court in view of Articles 226 and 227 of the Constitution of India for assailing the judgment and order passed by Small Cause Court in EA No. 79/351 of 75 and Appeal No. 109 of 1993-Obstructionist Notice No. 17 of 89, for quashing those orders, the result of which was the eviction of the petitioners from plot of land bearing old RR No. 1520, Gamadia Road, Elphinstone Estate, Bombay. As per the case of the Board of Trustees of the Port of Bombay (hereinafter referred to as Port Trust for convenience) they own the said plot which was given to Lakhamashi Ghelabhai initially on a lease in 1941. The said lease expired by efflux of time. However, L.Rs. of Lakhamashi Ghelabhai remained in possession of the said property. Their predecessors in title had constructed a godown which was in occupation and use of the heirs of Lakhamashi Ghelabhai till notice of eviction was issued to them dated 3-4-1974. A request therein was made to those L.Rs., nam




































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