IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2946 OF 1984 Koteena Investment Cement P. Ltd. ..Plaintiff Vs. Mumtaz Begum and Ors. ..Defendants WITH NOTICE OF MOTION NO. 2371 OF 2005 IN SUIT NO. 2946 OF 1984 Kotecha Investment Corporation P.Ltd. ..Plaintiff Vs. Mumtaz Begum and Ors. ..Defendants ----- Mr.H.V. Chande for Plaintiff Mr. M.G. Ansari i/b. Mr. A.N. Maniyar for Defendants ----- CORAM: V.M. KANADE J. DATED: 22ND FEBRUARY, 2010 P.C. 1. This suit is filed by the Plaintiff for possession of a room situated on the ground floor of the property known as Ram Mahal, situated at 8, Dinchaw Vachha Road, Mumbai  400 020. 2. It is the case of the Plaintiff that the Defendants are the trespassers. According to the Plaintiff initially the room was allotted to one of its employees. After the said employee died, the present Defendants have unauthorizedly taken possession of the said room. The Defendants had filed the suit in the Small Causes Court seeking a declaration of tenancy. The said suit, however, was dismissed. The appeal filed before the Division Bench of the Small Causes Court was also dismissed. Writ Petition and LPA filed against the said order were also dismissed. No written statement has been filed by the Defendants. The averments made in the plaint are uncontroverted and treated to be admitted. The Plaintiff has filed affidavit of documents dated 10th December, 2008 and original documents have been tendered by the Plaintiff. The Plaintiff has not been examined by the Defendants. In view of this, the Plaintiff is entitled for a judgment and decree. 3. The suit of the Plaintiff is, accordingly, decreed in terms of prayer clause (a). During the pendency of the suit, the Court Receiver was appointed and the Defendants were appointed as agents of the Court Receiver and were directed to pay royalty in a sum of Rs. 10,000/- p.m. The said amount was paid to the Plaintiff. The said amount, therefore, shall be treated as mesne profit and,therefore, no orders are passed so far as prayer clauses (b) and (c) are concerned. 4. Suit is, accordingly, decreed. Certified copy is expedited. The Plaintiff is entitled to get refund of Court Fees in accordance with rules. (V.M. KANADE J.)