SURENDRA MOHAN KHANNA Vs. ISHWARI G TOLAN

JUDGEMENT

(1.) This is an appeal from the order passed by the learned Judge of the City Civil Court, making absolute the Chamber Summons taken out by the 1st respondent under Order 21, Rule 97 of the Code of Civil Procedure.

(2.) The appellant (original obstructionist) claims to be the tenant of the 1st respondent who is the decree holder in Award No. ABN/D/1277 of 1972, and who is the purchaser of ownership Flat No. 8-37 at Worli Sea Face, Bombay, in a building belonging to the 3rd respondent, namely Venus Co-operative Housing Society, whereof the 1st respondent is a tenant-member. The 2nd respondent, namely J.L. Morison, Sons and Jones (India) Ltd., was at all material times the employer of the appellant.

(3.) On 24th April, 1969, the appellant was employed as the Sales Manager of the 2nd respondent company in its Bombay area. According to the appellant, in the end of May 1969, he contacted the 1st respondent through an Estate Agent for letting out Flat No. 9\8-37 (referred to hereafter as "the flat"), which the 1st respondent agreed to do at a monthly rent of Rs. 450/-. However, according to the appellant, the 1st respondent insisted on the execution of a company licence. The appellant thereupon approached his employer, namely the 2nd respondent, who executed a Leave and Licence Agreement dated 11th June, 1969 in favour of the 1st respondent in respect of the flat, initially for a period of 11 months, with an option to renew the same given to the licensee, namely the 2nd respondent. The brokerage and compensation in respect to this Flat were deducted by the 2nd respondent company from the appellants salary at source.