1. By this Appeal the Appellant challenges the judgment and decree passed by the learned Ad-hoc Judge Judge, City Civil Court and Additional Sessions Judge, Greater Bombay in L.C. Suit No. 755 of 2006, whereby the learned Judge has dismissed the suit with cost.

2. The brief facts are that at the instance of the Bombay Port Trust, a complaint was made regarding existence of an unauthorized structure and/or illegal unauthorized extension of structure in the Indigo Hotel existed on the open space situated at Room No. 11, Galli of Phiroz Building, Steven Street, Ground Floor, Colaba, Mumbai 400 005. The Appellant was purchaser-in-title of late Jyotiswarup Valmiki, who was working as Watchman appointed by the occupiers and landlord of the said Phiroz Building since many years. It is further contended that the landlord of the Phiroz Building had allowed late Shri Jotiswarup Valmiki to stay in the suit premises. It is contended that the Appellant are in possession of the documentary evidence such as ration card, electricity bill, voter I.D. Card etc. to prove their possession in the suit structure as occupiers. The impugned Notice was issued on 04.02.2006 under section 55 of the M