Judgment :

1. The present appeal is at the instance of Plaintiff being aggrieved by the judgment of City Civil Court, Mumbai, dated 22nd February 2012 dismissing S.C. Suit No. 203 of 2007. For sake of convenience, parties are referred to by their status before the trial Court.

2. S.C. Suit No. 203 of 2007 was instituted for order of permanent injunction against the Defendant from entering or dispossessing the Plaintiff from the suit property being land bearing Survey No.113, Hissa No. 8, CTS No 2863 admeasuring about 20 gunthas of Village Dahisar, Taluka Borivali, Mumbai. The case of Plaintiff is that Deed of Conveyance was executed on 18th April, 2007 and registered on 10th May, 2007, between the Plaintiff and Pascal Martin Davis Mendes. Pursuant to the execution of conveyance, mutation entry bearing M.E. No.7035 was certified in favour of the Plaintiff and since 18th April 2007, the Plaintiff is in actual physical possession of the suit property. Upon survey of the suit property the Plaintiff noticed portions of two structures falling within the boundary of suit property which was in occupation of one Shivpujan Baban Singh and Chandrabhan Sadan Singh. Pursuant to negotiations, both