KRISHNADEVI GUPTA Vs. BANWARILAL HANUMAN PRASAD TIBREWALA

JUDGEMENT

(1.) On October 5 1973, the dispute between the Highway Rose Co-operative Housing Society Ltd., who is respondent No. 3 in the above Civil Revision Application and Krishna Devi P. Gupta petitioner No. 1 on the one side and Banwarilal Tibrewala who is respondent No. 2 in the above petition on the other was referred under Sections 91 to 96 of the Maharashtra Co-operative Societies Act 1960, to the District Deputy Registrar Co-operative Societies, Bombay. In that dispute the Co-operative Society prayed for eviction of Banwarilal Tibrewala on the ground that he was an unauthorised occupant of the premises which are part of the building belonging to the Society. The dispute was in due course referred by the District Deputy Registrar to the Officer on Special Duty for adjudication.

(2.) During the pendency of the matter before the Officer on special duty Tibrewala filed R. A. Declaratory suit stamp No. 1386 of 1974, in the Court Small Causes, at Bombay, claiming a declaration that he was the monthly tenant of the premises in dispute. He also applied for an injunction restraining the society and Gupta from proceeding with the Arbitration Case No. ABM 1735 of 1973 before the Officer on Special duty. On that application an ad interim injunction was passed by a Judge of the Small Causes Court on February 11, 1974. The said order is challenged in the above revision application by the petitioners Krishnadevi Gupta and Manjudevi Gupta who are defendants 2 and 1 respectively in the suit in the Small Cause Court.

(3.) In Udyog Mandir Premises Co-operative Society Ltd. v. M/s. Contessa Knit Wear, it was laid down by this Court.