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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

Amk

NOTICE OF MOTION NO. 3692 OF 2009

IN

SUIT NO. 1008 OF 2000

Mr. Qari Mohammed Zakir Hussain

.. Plaintiff

Vs.

F. E. Dinshaw Trust & Ors.

.. Defendants

Mr. Shoib I. Memon for the Plaintiff.

Ms. Mukta Gobse with Mr. S. B. Amin for Defendants

CORAM

: MRS. R. S. DALVI, J.

Date of reserving the order

: 22.04.2010

Date of pronouncing the order

: 29.04.2010

P.C.

1.

The plaintiff has claimed adverse possession in

respect of the suit property described in Schedule Exh.A to

the plaint. The suit property is shown to be on Survey No.

246 Hissa No. 3 (Part), CTS No.638 (Part) admeasuring

4835.05 sq. meters which is corrected to read Survey No.245

Hissa No.2 on CTS No. 637 (Part) admeasuring 1700 Sq.

meters and nalla admeasuring 300 sq. meters which totally

admeasures 8323 sq. meters. The suit has been filed in the

year 2000. The plaintiff’s Advocate claims that the survey

numbers were incorrectly mentioned and hence they have

been amended and changed. However the amendments

show that additional lands are claimed.

2.

The plaintiff has not pressed any relief at this

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late stage, 10 years after filing of the suit, for any property

other than one structure which is used as Bakery. The

plaintiff must show his possession in the Bakery.

3.

The plaintiff has relied upon his Ration Card.

He claims to live in that Bakery with his family. The Ration

Card shows the name of the plaintiff and the name of his

Bakery Al-Ahmar Bakery which is in Goregaon (E). The

Ration Card shows the name of his wife and children. His

wife is Shaikh Mehrunnisa.

4.

The plaintiff has relied upon his Electoral Roll.

This shows name of the plaintiff in Al-Ahmar Bakery

Compound at Mulund Link Road.

5.

The plaintiff relied upon several N. A. orders

which are annexed to the plaint. One of these N.A. Orders

shows the names of occupants to be one Mohamed Hussain

Ahmed and Sayeeda Mohamed Shaikh at 65, Mutton Street,

Rahimi Manzil, 1^st Floor, Mumbai-3. Another N. A. order is

in the name of one Mohamed Hussain Ahmed at Aminabad

Apartment, Bairam Baug, 3^rd Floor, Flat No.36, Jogeshwari,

Mumbai-64. These N.A. orders are, therefore, not relating to

the plaintiff whose wife is Mehrunnisa Shaikh and who is

shown to reside in Goregaon (E).

6.

The plaintiff’s own Ration Card shows that the

N.A. orders relied upon by the plaintiff are not his. Secondly

the structures shown in the N. A. orders do not belong to

the plaintiff and the plaintiff is not shown as an occupant in

respect of any of the structures in the N.A. orders.

7.

The plaintiff has relied upon a Registration

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Certificate issued under the Shops and Establishments Act.

The certificate is for a General Stores and Bakery Products

in the name of one Abdul Salam S/o Maula Buksh Maulana

Mohamed Zakir Hussain (who is not shown to be the

plaintiff). This shop is at Mulund Link Road, opposite

Santosh Nagar in Malad (E).

8.

The plaintiff has also produced two Assessment

Bills for Al-Ahmer Bakery which is at Sri Krishna Nagar. The

shop is seen to be assessed under No. PN-6800 (5/S), Nagar

Modi Pada, Mulund Link Road under Assessment No.

P/N-14268 (113) at Mulund Linking Road.

9.

The plaintiff has produced copies of his

Electricity Bills. Several electricity bills are in the name of

Al-Ahmer Bakery at Jai Bhim Nagar, Goregaon (E). The

Consumer number of the bills are K-50087865 and

50087866. One electricity meter in the name of one Hafiz

Allimuddin is also at Jai Bhim Nagar, Goregaon under

Consumer No. K-50087868. Another electricity meter is in

the name of Abdul Salam Maula Bax at Jai Bhim Nagar

under Consumer No. K-50087866.

10.

The plaintiff has also produced Telephone Bills.

These are in the name of the plaintiff for Telephone No.

8422761 and in the name of one Maulana M. Zabir Hussain

for Telep