DAHYABHAI MANCHHARAM BHANDARI Vs. RATILAL MAGANLAL

JUDGEMENT

(1.) Respondent-tenant filed Civil Suit No. 665 of 1978 in the Court of Small Causes at Surat for a permanent injunction restraining the defendant-landlords from constructing upper floors on the premises which are in his possession. The premises in question consist only of the groundfloor structure. In the suit the tenant made an application for an Interim injunction restraining the landlords from constructing an additional structure on the premises in question. The learned trial Judge made the following order on that application:

(2.) The tenant therefore appealed against that order to the District Court. The learned appellate Judge allowed the appeal and granted the application in full because in his view the remedy which the landlords have in a case of this type is to proceed under sec. 13A of the Bombay Rents Hotel and Lodging House Rates Control Act 1947.

(3.) It is that order which is challenged by the landlords in this civil revision application.