GODREJ RUSTOM KARMANI Vs. HARI AILDAS THADANI

JUDGEMENT

(1.) BOTH these appeals can be disposed of by this common judgment.

(2.) THE first appeal is by the original defendant and the second appeal is by the original plaintiffs, both being against an order dated November 27, 1984, passed by the Second Extra Assistant Judge at Ahmednagar. The relevant facts are as follows : the plaintiffs filled a suit being suit No 345 of 1972 in the Court of 3rd Joint Civil Judge, Senior Division, Ahmednagar for an injunction restraining the defendants from committing trespass on the suit property viz. , a room called Cinema Room shown by the letters HIJK in the plan attached to the plaint and also the open space in front of the constructed portion marked by the letters FGHIJ as shown in the map and also a representatives room as referred to in para 2 of the plaint and for certain other consequential reliefs.

(3.) THE plaintiffs suit proceeded on the assumption that they were in possession of the suit property referred to above as on the date of the suit and consequently on the strength of their possession they sought for the reliefs of injunction as mentioned in the plaint. The plaintiffs are the owners of the property while the defendants are the tenants in respect of certain area which is demised to them. It is the case of the defendants that even the areas shown as suit property in this suit are also demised to them.