BYRAMJEE JEEJEEBHOY PVT LTD Vs. BHOR INDUSTRIES LTD

JUDGEMENT

(1.) The plaintiffs herein have filed the present suit for following reliefs :-

(2.) Plaintiffs' case in short is as under :-

(3.) Plaintiffs' claim that they purchased immovable properties, more particularly, set out at Exhibit-"A" to the plaint being properties consisting of C.T.S. Nos.638 and 639 of Village Poisar, Taluka Borivali by Conveyance Deed dated 24.7.1951. According to the plaintiffs, the survey in respect of the said property was conducted on 5-6th of November, 1986 and the plaintiffs received copy of the survey report from the office of City Survey Office No.10, Bombay Suburban, Bombay, on 9.7.1987. It is at Exhibit-P-4. According to the plaintiffs, on going through the said survey report as well as the situation at site, the plaintiffs realised that the defendants have committed trespass in respect of the lands owned by the plaintiffs to the extent of 2058.25 sq.mtrs. as per the survey report at Exhibit-P-4 in yellow colour. The plaintiffs claim that they entered into correspondence with the defendants for the purposes of settling the question of alleged trespass by the defendants. The said correspondence was entered into between the plaintiffs on one hand and the defendants on the other between the months of July, 1987 and September, 1987. The efforts to settle did not materialise and that is how the plaintiffs came to the conclusion that the defendants are not interested in going for a joint survey and surrender the land over which they had committed trespass. The plaintiffs, therefore, instituted the present suit for recovery of the possession in respect of the land over which the defendants had committed trespass, namely, land admeasuring 2058.25 sq.mtrs. (hereinafter referred to as the "suit land"). This suit came to be filed on 22.6.1989. The plaintiffs have also prayed for certain other prayers in the nature of injunction and recovery of mesne profit as mentioned earlier.