ATULBHAI SARTANBHAI DESAI Vs. YAMUNABEN HARIPRASAD VAIDYA

JUDGEMENT

(1.) Rule. Service of Rule waived by Mr. H. S. Munshaw, learned Advocate for the respondents in both the matters.

(2.) By consent of the parties both these matters are taken up for final disposal at the admission stage. This common judgment is rendered at the request of both the learned Advocates since the matters arise between the same parties and from the same proceeding.

(3.) The petitioner alleging that he has been the tenant of the suit premises filed H.R.P. Suit No. 1246 of 1996 for obtaining the relief of permanent injunction restraining the respondents from ousting him from the suit premises without due process of law. He preferred interim injunction application Ex. 5 in the said suit. The respondents filed their reply at Ex. 16 against the interim injunction application Ex. 5 and also moved application Ex. 20 inter-alia alleging that there was no relationship of landlord and tenant between the parties and that therefore, there was no jurisdiction with the trial Court to entertain the suit. They asserted that they have been in possession of the suit premises for the last 22 years, that the petitioner did not file the suit with clean hands, that he misguided the Court for obtaining the relief of ad interim injunction, that the petitioner being a head-strong person had been in collusion with the Court staff and the Court Commissioner and created false evidence in his favour by abusing the process of the Court, that the suit was filed on 26th August 1996 and the process of the suit was served on 2nd September 1996, that on 18th September 1996 they found, on inquiry, that the locks applied to the suit premises by them were changed, that the grills of the door were in broken condition and that under the guise of the process of the Court the petitioner unlawfully entered the suit premises and therefore, the possession of the suit premises should be restored to the respondents.