SHRADHANAND ANATHALAYA Vs. KUSUM WIFE OF RADHESHYAM CHAUHAN

JUDGEMENT

(1.) Civil Revision Application is ADMITTED and heard finally with consent of learned counsel for the parties.

(2.) The applicant is the original plaintiff that has filed suit for eviction of the nonapplicant herein under provisions of Section 16(1)(f) and (g) of the Maharashtra Rent Control Act, 1999 (for short, 'the said Act'). It is the case of the applicant that it is running Anathalaya and the nonapplicant was in service therein. The suit premises which is a servant quarter having two rooms was let out to the nonapplicant in lieu of her service with the applicant. The services of the nonapplicant came to be terminated and hence possession of the said quarter was sought under provisions of Section 16(1)(f) of the said Act. It was also pleaded that the applicantTrust had bona fide need of the said premises. Written statement was filed by the nonapplicant stating therein that the order terminating the services of the nonapplicant had been challenged before the Labour Court and those proceedings were pending. Since the said complaint was pending no order of eviction could have been passed against the nonapplicant.

(3.) During pendency of the suit, the nonapplicant filed an application for keeping the proceedings for eviction in abeyance till the complaint filed by the nonapplicant before the Labour Court was decided. This application was opposed by the plaintiff and initially by order dated 12.01.2016, the trial Court rejected that application. The appellate Court however allowed the appeal filed by the nonapplicant and remanded the matter for fresh consideration. After remand, the trial Court allowed the application and stayed the adjudication of the suit till the Labour Court decided the complaint. Being aggrieved, the original plaintiff has challenged that order.