NEERA K. HANDA Vs. MORARJI HARIRAM

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and, with the consent of the learned Counsel for the parties, heard finally.

(2.) This petition under Article 227 of the Constitution of India, Assails the legality, propriety, and correctness of an order staying the trial in RAD Suit No.1227 of 2008 under Sec. 10 of the Code of Civil Procedure 1908, ("the code") on account of the decree passed in a previous suit, i.e. Suit No.7485 of 2005 by the City Civil Court.

(3.) The petitioners instituted RAD Suit No.1227 of 2008 asserting that, their father was the tenant in respect of Room No.23, Kutchi House, Matunga, Mumbai. One Mr. U. B. Rao was the tenant of adjoining Room No.22 ("the suite premises"). Mr. U. B. Rao was a bachelor and passed away on 13/5/1994. During the lifetime of Mr. U. B. Rao, the plaintiffs, had been in the occupation of the suit premises as members of U. B. Rao's family. Mr. U. B. Rao had executed his last Will and testament dtd. 1/1/1993, wherein it was mentioned that he treated plaintiff No.1 as his daughter. Since the plaintiffs had been residing with Mr. U. B. Rao as his family members, at the time of his death, the plaintiffs were entitled to inherit the tenancy rights and had, thus, become the tenants of the respondents - defendants.