The judgment emphasizes the importance of credible evidence in establishing possession and dispossessions in suits under Section 6 of the Specific Relief Act.

1. The Revisionary Jurisdiction of this Court is invoked against the judgment and order dated 31.03.2015 passed by the Learned Judge of the City Civil Court, Mumbai, by which order the suit in question being Short Cause Suit No.2182 of 2012 came to be decreed and the Defendant Nos.1 and 2 were directed to hand over vacant and peaceful possession of the suit premises to the Plaintiff.

The facts giving rise to the filing of the above Civil Revision Application can in brief be stated thus :-

2. The parties would be referred to as per their nomenclature in the suit. The above Civil Revision Application has been filed by the original Defendants whereas the Respondent is the original Plaintiff in the suit in question. The suit in question was filed invoking Section 6 of the Specific Relief Act. The cause for filing of the suit was the alleged dispossession of the Plaintiff by the Defendants on 16.11.2011. It is the case of the Plaintiff that the suit shop belonged to one Dharnidhar Chikhale and the Plaintiff started working in the said shop by assisting the said Dharnidhar Chikhale in or about the year 1972-1973. The said shop was being conducted in the name and style of “Shree Bidi Works”. It is the case of the Plaintiff that the said Dharnidhar Chikhale handed over to him the entire business of the said Shree Bidi Works within two years of the Plaintiff joining him, which required the Plaintiff to be present in the shop till late hours. It is the case of the Plaintiff that apart from salary the said Dharnidhar Chikhale had promised to pay him overtime. It is the case of the Plaintiff that he only took money which he required and kept the rest of the amount with Dharnidhar Chikhale as he trusted him immensely. It is the case of the Plaintiff that by 1990-1991, the amount accumulated in the name of the Plaintiff was around Rs.5,00,000/-. On the Plaintiff asking for the said accumulated amount, Dharnidhar Chikhale expressed his inability to give him the said amount. He however made an offer that he can start his business in half of the shop and simultaneously look after the business of Shree Bidi Works. The Plaintiff accepted the said offer and accordingly commenced his typewriting business. The Plaintiff therefore started managing the business of Shree Bidi Works as well as started the business of Shree Typing Works. It is the case of the Plaintiff that he paid Rs.2000/- to Dharnidhar Chikhale as royalty for permitting him to use the premises. The said Dharnidhar Chikhale suddenly died of heart attack in the year 1994.

3. It is the case of the Plaintiff that after the death of Dharnidhar Chikhale, the Plaintiff approached Prakash the son of Dharnidhar Chikhale and informed him about the arrangement between his father and the Plaintiff. It is the case of the Plaintiff that the said Prakash also asked the Plaintiff to continue the said business arrangement. However, he requested the Plaintiff to increase the royalty to Rs.3000/- per month over and above the income from the business of the said Shree Bidi Works. It is the case of the Plaintiff that Prakash was facing financial stringency and the Plaintiff was therefore giving him money from time to time. It is the case of the Plaintiff that from the year 1994 to 2004 the Plaintiff had in all given Prakash an amount totalling to Rs.10,00,000/-. It is the case of the Plaintiff that sometime around June 2005 Prakash asked the Plaintiff for an amount of Rs.5,00,000/- on account of sudden need. The Plaintiff however reluctantly agreed to give him Rs.3,75,000/- on condition that he is allowed to use the entire premises by winding up the said business of Shree Bidi Works. Prakash accepted the said proposal of the Plaintiff. The Plaintiff accordingly paid him Rs.2,00,000/- by six cheques drawn on Sahyadri Sahakari Bank and also paid Prakash Rs.1,75,000/- by cash. The Plaintiff and Prakash accordingly executed a Samjhauta Patra. By the said Samjhauta Patra the said Prakash accepted that he