PARPATI P MALKANI Vs. PARKE DAVIS INDIA LTD

JUDGEMENT

(1.) LEAVE under Rule 143 of the High Court (O.S.) Rules granted to defendant No.2 to take out Notice of Motion in terms of draft Notice of Motion handed in Notice to be registered forthwith. Motion returnable forthwith. Ms. Nichani for the plaintiff tenders affidavit in reply. The same is taken on record. Heard counsel for the parties. Perused affidavit in support of Motion and affidavit in reply.

(2.) THIS Motion is taken out by defendant No.2 for stay of suit No.1333 of 1975 under Section 10 of the Code of Civil Procedure in view of the pendency of R.A.D. Suit No. 1844 of 1975 before the Small Causes Court at Bombay. That suit has been filed by defendant No.2, herein, for declaration of his status as a tenant or protected licensee under the provisions of the Bombay Rent Act (in short) and also for injunction restraining the plaintiff in this suit as well as defendant No.1-company from, in any way, disturbing his possession over the suit property.

(3.) BEFORE understanding the contentions raised on behalf of defendant No.2 and the plaintiff, it would be necessary to reproduce facts in brief.