KAMRUDDIN SHABUDDIN TAMBOLI Vs. ALLAUDDIN FATTEMOHAMED MALIK

JUDGEMENT

(1.) A meaningless objection was raised by the defendants to the suit filed by the plaintiffs for possession of the suit premises from the defendants and when the Court negatived the contention this revision application was filed against that order in the year 1982 and the same has been allowed to remain cooling its heals in this Court for a good part of two years. The plaintiffs suit for recovery of possession, inter alia on the ground on bona fide requirements, is being kept in the cold storage during all that period.

(2.) The plaintiffs are admittedly the owners of the suit premises. Defendant No. 1 is in occupation of the same. The plaintiffs contention is that the said defendant is only a licensee: but fearing that the defendant might contend that he is a tenant, a notice was given by the plaintiffs on 12-6-1980 to him, by way of abundant caution terminating the tenancy and demanding the possession of the suit premises. When the defendant did not oblige, the suit had to be filed by the plaintiffs for recovery of possession of the suit premises from the defendant.

(3.) In the suit there were alternative contentions raised by the plaintiffs. In the first place, the contention was that the defendant was only licensee and that his license was revoked on 12-6-1980. In the alternative, it was contended that assuming that he was a tenant, the plaintiffs were entitled to possession on the ground that they required the premises for their bona fide occupation. In his written statement, the defendant came out with a plea, which was sought to be agitated as a preliminary objection, that the plaintiffs suit on the basis that the defendant was only a licensee was a suit against tresspasser and hence that part of the suit will have to be filed in the Regular Civil Court whereas the suit against a tenant will have to be filed in a Court having special jurisdiction to try the cases under section 28 of the Rent Act. This contention has been negatived by the trial Court and hence this revision application.