(1.) THIS Chamber Summons is taken out by the plaintiff and prayed as under :
(2.) THE basic suit filed by the plaintiff is pending in the High Court, for trial. The issues are framed. The trial is not yet begin. The main prayer in the suit is for possession of the premises in question i. e. 600 sq. feet structure, bearing Municipal Ward No. M-2561 (24 EA), situated at Vashi Naka, Near burmah Shell Colony, Chembur, Bombay 400 074.
(3.) THE basic prayer according to the plaintiff is that pending the suit for possession, he is entitled for compensation per month as referred in the suit. The plaintiff has claimed compensation from 31st May, 1984. The plaintiff has relied on the following judgments. 1. A. I. R. 2001 S. C. 699 (Raghu Thilak D. John v. S. Rayappan and others ). 2. A. I. R. 1969 S. C. 1267, (Jai Jai Ram Manohar Lal v. National Building Material Supply, Gurgaon ). 3. 2001 (Supp.) Bom. C. R. 803 : 2001 (3) Mh. L. J. 151, (Mudra Salt and Chemical Industries v. Collector, Thane and others ).