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2004 Supreme(Bom) 413

S.T.KHARCHE
Prabhakar Bhagwantrao Mahajan – Appellant
Versus
Satyanarayan Shriwallabh Laddha & others – Respondent


JUDGMENT - KHARCHE S.T., J.:---This appeal is directed against the judgment and decree dated 25-4-1990 passed by the learned 5th Additional District Judge, Amravati, in Regular Civil Appeal No. 503 of 1986, whereby the appeal came to be dismissed and the judgment and decree passed by the trial Court on 6-10-1986 dismissing the suit with costs and allowing the counter-claim of defendant No. 2 directing the plaintiff to deliver the vacant possession of the suit site to defendant No. 2 was confirmed.

2. Brief facts are as under:

The appellant original plaintiff filed suit for permanent injunction on the contention that the plaintiff/association is the tenant of Municipal House No. 158(2) situated in ward No. 44 at Amravati and the said tenement is owned by respondent/defendant No. 1. The respondent/defendant No. 2 contended that he had purchased the whole building including plaintiffs tenement from defendant No. 1, but it was without the knowledge of the plaintiff. The defendant No. 2 started demolishing one of the shops adjacent to the plaintiff tenement and erected the cement concrete pillars adjacent to the eastern wall of the plaintiffs tenement piercing the same in the plaintiff














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