ANTHONY C LEO Vs. NANDLAL BAL KRISHNAN

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel for the parties. The order dated February 13, 1996 passed by the Division Bench of the Bombay High Court in Appeal (Lodged) No.3 of 1996 in Suit No.1010 of 1973 in the Ordinary Original Civil Jurisdiction arising out of the Order dated December 6, 1995 passed by the learned Single Judge on the reports of the receiver appointed by the Court in the said Suit No. 1010 of 1973 in so far as the same affects the appellant. Mr. Anthony C.Leo. is the subject matter of challenge in this appeal.

(3.) Nandlal Balkrishnan Khanna and other partners of Khanna Construction House obtained a lease of Plot No. 44 of Scheme No. 58. Worli Estate, Bombay from the Municipal Corporation of Greater Bombay. The said partners constructed a building on the said plot known as Khanna Construction House. The appellant claims tenancy in respect of a room in the said premises under the said partners where he is running a business named and styled as Flora Chinese Restaurant. In view of disputes arising between the partners of M/s. Khanna Construction House, one of the partners filed a suit in the ordinary original civil jurisdiction of the Bombay High Court being Suit No. 1010 of 1973 against other partners for dissolution of the firm and distribution of assets including the building Khanna Construction House. The appellant is not a party in the said suit, Some time in 1973, the Bombay High Court appointed a Receiver in the said suit in respect of the assets of the partnership firm including the said building Khanna Constriction House.