ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL NO. 40 OF APPEAL NO. 40 OF APPEAL NO. 40 OF 1984 1984 1984 Kashinath Madhavji Salunke ...Appellant. Vs. Madhusudan Jagannath Salunke & Ors. ...Respondents. Mr.N.Dinkar Rao for the Appellant. Mr.P.N.Karlekar for Respondent Nos. 1,2a, 2b & 3. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 21st April, 2008 : 21st April, 2008 : 21st April, 2008 ORAL ORAL ORAL JUDGMENT:- JUDGMENT:- JUDGMENT:- . The learned counsel appearing for the parties fairly make statement that the Suit premises i.e. Room Nos. 1 and 2 in Municipal Corporation Chawl No.601, J.Y.Wadia Road, Mumbai-12, itself does not exits now as it was demolished by the Bombay Municipal Corporation who are the owners. 2. The Appellant had filed the suit for declaration that the Defendants i.e. Respondents are trespassers in respect of the said premises. By order dated 18th July, 1983, the suit was dismissed with costs. 3. Therefore the present Appeal. ( 2 ) 4. In view of this, as the premises itself does not exits, I am of the view that there is no point in proceeding further in the matter as it is difficult to grant declaration as sought in the absence of said premises itself. However, as the Appellant is claiming tenancy or whatever rights arising in respect of the suit premises and as the Defendants proved that the suit premises were rented out by the father of Defendant No.2 in the name of members of the joint family, it is desirable that the Appellant to take appropriate steps for proceeding, if any, against the owner of the premises. 5. The Bombay Municipal Corporation who is the owner of the premises is not party in this proceeding. Therefore, keeping all points open for the parties to claim their appropriate rights and or to raise defence as available under the law, the present Appeal is disposed of. . No costs. (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.)