P VIJAYKUMAR Vs. V C GOPALKRISHNAN

JUDGEMENT

(1.) THIS is the defendants appeal against the judgment and decree dated 30-6-1995 in Short Cause Suit No. 5434 of 1987 on the file of the City Civil Court, Bombay. Heard both sides.

(2.) THE respondent filed a suit in the trial Court against the appellants for possession of the suit premises and for mesne profits and for consequential reliefs. The appellants case is that he is a lawful tenant of the suit premises which he obtained from the original landlord who were impleaded as defendants Nos. 1 to 3 in the suit and who came to be deleted at a later stage. His further case is that the 5th defendant is his cousin and he was given permissive occupation of the suit premises along with the plaintiff for some time and subsequently 5th defendant alone was staying in the suit premises with the permission of the plaintiff. Defendant No. 6 is the wife of defendant No. 5 and defendants Nos. 7 and 8 are the children of defendant No. 5. Defendant No. 9 is the brother-in-law of the 5th defendant and 10th defendant is the wife of 9th defendant and they were staying in the suit premises along with the 5th defendant.

(3.) THE appellants who were defendants 5 to 10 in Court below resisted the suit by contending that the 5th defendant (first appellant) was the tenant of the suit premises and allege permissive possession is denied. It is also stated that the suit is not maintainable. It also alleged that the plaintiff is no longer the tenant of the suit premises and his tenancy has come to an end. It is also stated that the Civil Court has no jurisdiction to try this suit, that the suit is barred by limitation and by principle of res judicata. It was therefore, prayed that the suit be dismissed with costs.