G.S. PATEL, J.

STRUCTURE

A. INTRODUCTION ……………………………………………………….3

B. FACTS ………………………………………………………………………..4

C. ISSUES ……………………………………………………………………….8

D. EVIDENCE ON RECORD ………………………………………….. 10

E. FINDINGS …………………………………………………………………15

F. CONCLUSIONS AND ORDER…………………………………… 22

A. INTRODUCTION

1. This Appeal arises from the order and judgment dated 28 April 2000 passed by the Ld. Additional Principal Judge of the City Civil Court at Bombay in S.C. Suit No. 7460 of 1995. The appeal was admitted on 9th September 2004.

2. The Appellants were the original Defendants, and the Respondents were the original Plaintiffs. The 1st Plaintiff is Sabira, widow of Mohammed Siddique, and the 2nd Plaintiff is her brother, Noormohamed Din Mohamad. Following the original Appellant's death, his heirs have been brought on record by an amendment dated 30 June 2006.

3. The dispute is over the Defendant's alleged trespass on Room No. 2 (“suit premises” “Shop No. 2”, “Room No. 2”) in a building known as Tahera House, located at 25, Mastan Tank Street, Mumbai - 400008 (“Tahera House”). Tahera Nainuddin was the l