1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1761 OF 2008 FIRST APPEAL NO. 1761 OF 2008 FIRST APPEAL NO. 1761 OF 2008 WITH CIVIL APPLICATION NO. 4624 OF 2008 Haquiullah Khan Ajiullah ... Appellant (Org. Plaintiff) Vs. The Municipal Corporation of Greater Bombay. ... Respondents (Org. Defendants) Mr. B.P.Shukla, Advocate, for the appellant. Mr. J.J.Xavier, Advocate, for the respondents. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 4th September,2008 DATE: 4th September,2008 DATE: 4th September,2008 P.C. P.C. P.C. 2 1. Heard the learned Counsel for the parties. Normally, First Appeal is to be admitted, but in view of the circumstances in this matter, the appeal is not fit for admission. 2. The plaintiff filed L.C. Suit No.6818 of 2002 on 17.12.2002 in the City Civil Court, Bombay contending that the shop No.4 admeasuring 10’ x 12’ situated at 5th Lane, Kamathipura, Bombay, was put in his possession on 10.10.2000 by one Abdul Kadar Mohamed Ahmed, who was in occupation and possession of the said premises. According to him, the Shops & Establishment licence was also issued to the plaintiff. He also addressed several letters to the authorities to allot the shop to him. However, no order was passed by the authority to transfer the tenancy in favour of the plaintiff. On 16.12.2002, the officer of the Estate department, Mr. Ugale, threatened to evict the plaintiff from the said shop and to take forcible possession. The plaintiff filed the suit for perpetual injunction restraining the Municipal Corporation from forcibly evicting him from the said shop. Thereafter the plaintiff made an amendment and added para 8(a) in the plaint contending that on 18.12.2002 at about 4 p.m. the officer of the Respondent Corporation had removed the lock of the plaintiff and had also removed his gunny bags and other belongings lying in the shop. With this, he also added 3 a prayer clause (a-i) whereby he sought mandatory order directing the defendants to remove their lock and to put the plaintiff in possession of the suit shop. The defendants filed the written statement and denied that the plaintiff was ever in possession of the suit premises or that he had a right over the same. 3. Several issues were framed and after hearing the evidence by the parties, the trial Court dismissed the suit. Therefore, the plaintiff has preferred the present Appeal. 4. On perusal of the record, it appears that even though he contended in the plaint that he was put in possession of the premises on 10.10.2000 by one Abdul Kader Mohamed Ahmed, there is no document to support this claim. Besides this, it appears that on 7.11.2002 and 27.11.2002, he made requests to the Municipal Authorities to allot the said shop to him which was lying vacant for about 15 years. He expressed his willingness to pay the rent and other charges for the same. From this, it is clear that on 7.11.2002 and 27.11.2002, when he made applications, the shop was not in his possession. In those letters he had not stated anywhere that he was already in occupation on the basis of certain document executed by Abdul Kader Mohamed Ahmed on 10.10.2000. If he was in possession, he would 4 have stated so in those letters. From his own pleading, it is clear that no order was passed by the Municipal Corporation and the suit shop was not allotted to him. In such circumstances, it is clear that he had no right, title or interest in the suit shop. The possibility is that before filing the suit on 17.12.2002, he might have kept some articles and locked the shop without any authority and therefore the Municipal Authorities removed his lock. Taking into consideration the circumstances, I do not find any fault in the impugned order passed by the trial Court. No purpose will be served by admitting the appeal and keeping the matter pending for years. 5. In the result, the Appeal stands dismissed summarily. 6. As the Appeal itself is dismissed, the Civil Application No.4624 of 2008 does not survive and stands disposed of accordingly. (J.H.BHATIA, J.) (J.H.BHATIA, J.) (J.H.BHATIA, J.)