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2006 Supreme(Bom) 1369

D.G.KARNIK
V. Prabha & Co. Pvt. Ltd. – Appellant
Versus
Kuljit Singh Chadha – Respondent


JUDGMENT:- Heard learned counsel for the parties.

2. This civil revision application is directed against the judgment and order dated 18/19th April, 2006 passed by the Appellate Bench of the Small Causes Court, Mumbai in Appeal No.347 of 2004 confirming the judgment and decree of eviction passed by the trial court against the revision applicants.

3. For the sake of convenience, parties are hereinafter referred to by their status in the trial court. Plaintiff Nos.1 and 2 and defendant No.2 are real brothers and co-owners of the suit property. The defendant No.1 is a company registered under the Companies Act, 1956, and was in occupation of the property as a tenant since prior to the purchase of the suit property by the plaintiffs and the defendant No.2. The plaintiffs filed a suit against the defendant No.1 bearing R.A.E. Suit No.716/ 1427 of 1997 for possession on the ground of reasonable and bonafide requirement. The defendant No.2 who is the co-owner of the property was not initially joined as a party to the suit. However on objection of the defendant No.1 that defendant No.2 was a necessary party, plaint was amended and the defendant No.2 was joined as a party defendant to the sui












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