SANTOSH MOTIRAM PISAT Vs. SUMITRA MOHANLAL LAIN

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the learned counsel appearing for parties, the Petition is taken up for disposal.

(2.) The Petition involves the issue of jurisdiction of Rent Court to entertain a suit seeking composite prayers for recovery of possession of premises and for permanent injunction to restrain Defendant - tenant from using or occupying open space outside the suit premises. The Appellate Court has directed Plaintiff to elect the forum of Rent Court for claiming relief of recovery of possession of premises and to approach civil court for prayer of perpetual injunction. Plaintifflandlord is aggrieved with the order passed by the Appellate Court effectively ousting jurisdiction of Rent Court to try and entertain the prayer for perpetual injunction and has accordingly filed the present Petition.

(3.) The challenge arises out of judgment and order dtd. 27/10/2023 passed by the learned District Judge-3, Raigad-Alibag allowing Civil Revision Application No.1 of 2023 filed by RespondentsDefendants and setting aside order dtd. 16/11/2022 passed by 3rd Joint Civil Judge, Junior Division, Alibag. The Trial Court had rejected application filed by Defendants at Exhibit-35 seeking direction against Plaintiff to elect the forum of Rent Court for the purpose of prayer clause 15(a) of the Plaint, with liberty to approach Civil Court for relief sought in prayer clause 15(b) and to this extent, the Appellate Court has directed return of Plaint under Order VII Rule 10 of the CPC.