CHANDRALOK (B) CHS LTD Vs. MANISH RAJNIKANT JAITHA

JUDGEMENT

(1.) By this Petition, filed under Articl27 of the Consitution of India, the Petitioner is challenging the order dated 30 th August, 2021 passed by the Small Causes Court at Mumbai in R.A.E. Suit No.547 of 2015 (the "said suit") allowing Application impleading Respondents No.2 and 3 as to Plaintiffs to the said suit.

(2.) Petitioner is a co-operative Society under the Maharashtra Co- operative Societies Act, 1960. One Shri.Krishnakant Chandrakumar Jaitha and Respondent No.1 - Shri.Manish Rajnikant Jaitha being Plaintiffs No.1 and 2 respectively, had filed the said suit against Petitioner Co-operative Society as the Defendant therein on the grounds of failure on the part of Petitioner to rectify the alleged breaches of clauses 2(a) to (i) and 2 (l) of the lease dated 2 nd February, 1972 executed between the Plaintiffs as Lessors and the Defendant as Lessee for a period of 999 years including grounds of unauthorized permanent alterations and additions, failure to pay arrears of rent, seeking a decree and order against the Defendant Co-operative Society to quit and vacate the suit land bearing C.S.No.238 admeasuring 2737 sq.yds., Malabar Hill Division, situate at A/97, Jagmohandas Road, Mumbai - 400 006 along with structure building (the "said premises") and to handover and deliver to the Plaintiffs, vacant and peaceful possession thereof.

(3.) On 23/9/2015, Petitioner herein filed its Written Statement denying the averments in the Plaint and inter alia raising preliminary issues of jurisdiction and maintainability.