CHS.408/10 IN EXA.4/10 IN S.1056/03 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.408 OF 2010 IN EXECUTION APPLICATION NO.4 OF 2010 IN SUIT NO.1056 OF 2003 Mrs.Bridget D’Souza & Ors .. Plaintiffs versus Dorothy A.D’Souza .. Defendants And Roger Anthony D’Souza .. Applicant Mr.Devendra Sharma for plaintiff No.1. Mr.Santosh Shetty i/by U.J.Hegade for the applicant. CORAM : R.S.MOHITE, J. DATE : 10th August 2010. P.C.: . This is a chamber summons taken out by the son of the original plaintiff and defendant. Admittedly, the plaintiff was holder of the premises where defendant Dorothy and his son (present applicant) were residing. A decree for possession was passed against the defendant. The present applicant was not a party to the said suit. An execution proceeding was filed and in the said execution proceeding possession of the premises was taken through bailiff. The bailiff’s report indicates that the present applicant handed CHS.408/10 IN EXA.4/10 IN S.1056/03 2 over possession. Thereafter, present chamber summons has been filed by the applicant. On behalf of the applicant it is contended that he was staying alongwith his mother. There is no document indicating his independent right to the suit premises. The advocate for the applicant relies upon the judgment of the Apex Court in the case of Tanzeem-E-Sufia Vs. Bibi Haliman & Ors reported in AIR 2002 Supreme Court 3083. In the said judgment the Supreme Court has laid down a well settled principle that a person claiming independent right can take obstructionist proceedings for which provision is made under the Code of Civil Procedure, 1908. In the present case, the applicant has not been able to establish any independent right. 2. It is then contended that plaintiff No.2 i.e father of the applicant has expired on 2nd May 2010. The applicant contends that in view of the death of his father he acquired the right to the premises by succession. If this is so, he will have to establish that he acquires right by succession and that his father has not willed away that right or transferred the said right during his life time. With liberty to take out such proceedings, if he so desires, the chamber summons is disposed off. (R.S.MOHITE, J)