Dady Nowroji Adenwalla And Ors. vs Burjor H. Antia And Ors. on 12 June, 2001
The facts in the case of Shantukkumar L. Sharma (supra) are quite different from the facts of the present case. In that case the Plaintiffs filed suit for recovery of possession of the suit premises, alleging that the Defendant had never resided with the deceased tenant in the suit premises and that the Defendant was a trespasser. The Defendant on the other hand set up a plea of tenancy on the ground that he was residing along with the deceased tenant. The Civil Court, which tried the suit, held that the Defendant was a trespasser and the Plaintiffs were entitled to recover the possession of the suit premises from the Defendants.