ARCHDIOCESE OF SHILLONG Vs. SAMUEL DKHAR

JUDGEMENT

(1.) THIS is an application under Section 24 of the Code of Civil Procedure filed by the petitioner for consolidation/amalgamation of Title Suit No. 10 (SH) of 2003, Title Suit No. 9 (SH) of 2003 and Title Suit No. 8 (SH) of 2003 pending before the learned Assistant District Judge, Shillong and Title Suit No. 1 (H) of 2005 along with Misc. Case No. 1 (H) of 2005 in the file of the learned Munsiff/shillong and thereafter transferring the consolidated suits to another Court of competent jurisdiction of Gauhati. Subsequently, the petitioner filed an affidavit before this Court in which it abandoned the prayer for transferring the consolidated suits to a Court at Gauhati and now prays for transferring the suits to the learned Additional District Judge, Shillong, in the absence of Assistant Judge District Judge at Shillong, for disposal according to law.

(2.) I have heard Mr. N. Dutta, the learned senior counsel with Mr. S. R. Sen, the learned senior counsel appearing for the petitioner. I have also heard Mr. M. F. Qureshi, the learned counsel for the respondents.

(3.) THE facts material for disposal of this application are that the petitioner, which is the owner of the three-storeyed RCC building situate at Jail Road, Shillong, rented out to the respondent No. 2 three different portions of the said building viz (i) one portion being 1500 square feet in the first floor, (ii) another being 4,500 square feet in the ground floor and (iii) the remaining portion being 2,500 square feet in the first floor. According to the petitioner, when the respondent No. 2 defaulted in paying the monthly rents for all the three portions occupied by him, it terminated the tenancy and thereafter filed the three suits before the learned Assistant District Judge, Shillong. Title Suit No. 10 (SH) of 2003 relates to the portion measuring 1500 square feet, while Title Suit No. 9 pertains to the portion measuring 4,500 square feet and Title Suit No. 8 is in respect of the portion measuring 2,500 square feet. It is the case of the petitioner that during the pendency of the suits, the respondent No. 2 unauthorisedly started construction/renovation work on the suit premises of Title Suit No. 10 (SH) of 2003 and this prompted it to file an application for temporary injunction. The learned Assistant District Judge, Shillong allowed the application and issued an ad-interim injunction on 11. 10. 2004 restraining the said respondent from carrying our any work of construction, repair, etc on the said suit premises. The interim injunction was apparently made absolute on 17. 12. 2004.