17. There cannot be any dispute regarding this proposition. But the proposition has to be on the basis of the facts proved by way of evidence before the Court. In the absence of evidence mere proposition would not be of any use to the petitioner. In the circumstances in my view all the judgments which are not acceptable on the facts of this case. On the other hand the respondents relies on a judgment of this Court in somewhat identical circumstances in the case of Sheena Naik v Lawrence D'Souza. In para 21 in the said case the Court ruled: