GLOBE THEATRES PVT. LTD. Vs. KOPALAM M. MOGRAL

JUDGEMENT

(1.) Rule. Made returnable forthwith. 1. The plaintiffs have challenged the order of return of plaint for presentation to the Small Causes Court, Mumbai under Order 7 Rule 10 of the CPC passed by the learned Judge, City Civil Court, Mumbai on 4th April, 2013.

(2.) The plaintiffs sued for recovery of occupation of the plaintiffs in the suit premises for injunction, against the entry of the defendants in the suit premises, and preventing the plaintiffs' entry thereto and for the ancillary relief of damages until possession was delivered. It is argued on behalf of the plaintiffs that the suit is on trespass. The plaintiffs sued on 31st May, 1989 upon trespass of defendant Nos. 1,2 and 3 in the suit premises after having sued only the original defendant No.4 (defendant No.4) in an earlier suit filed in the Bombay City Civil Court on 8 th July, 1988 being Suit No.5460 of 1988.

(3.) The defendants claimed that the defendant No.4 was the plaintiffs' tenant, the suit is between the landlord and tenant and hence the Civil Court's inherent jurisdiction is barred.