The Navjivan Co-Op. Housing ... vs Gangadin S/O Shri. Ramprasad ...
2021 Latest Caselaw 3310 Bom

                                                  23-wp-406-2020 @ 25-wp-460-2020


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                         WRIT PETITION NO.406 OF 2020

 The Navjivan Co. Op. Housing Society Ltd.              ..Petitioner
      Vs.
 Gangadin S/o. Shri Ramprasad Nirmal                    ..Respondent

                                     WITH
                         WRIT PETITION NO.460 OF 2020

 The Navjivan Co. Op. Housing Society Ltd.              ..Petitioner
      Vs.
 Madhav Prasad s/o. Ram Dulara Nirmal
 (Decd) through Lrs.                                    ..Respondents

                                     ----

 Mr. R. B. Jain a/w. Ms. Sneha Pokle and Mr. Rohit Jain i/b. Legal
 Juris, for the Petitioner.

 None for the Respondents.

                                     ----

                                    CORAM : C.V. BHADANG, J.

                                    DATE    : 22nd FEBRUARY 2021

 P.C.


 .        Heard the learned counsel for the petitioner.          The learned

counsel has placed reliance on the decision of this Court in - (i)

Pradeep Advertising Agency, Nagpur Vs. Sri Aurbindo Circle,

Registered Society, Nagpur and Ors. 2015(2) Mh.L.J. 167, (ii)

Messrs Auto Hirers & Anr. Vs. Commerce Centre Co-operative

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Society Ltd. 2018 (5) Bom. C.R. 644, (iii) Savitribai Vishnupant

Vaske & Ors. Vs. Faruk Abdulrahim Patel & Ors. 2011(4) Bom.C.R.

738 and (iv) Maharaji wd/o. Bajrangi Vishwakarma & Ors. Vs.

Sayeedabai w/o. Haji Sayyad Gani 2006(2) ALL MR 133.

2. It is submitted that the Trial Court has misread the ratio laid

down in the aforesaid judgments. It is submitted that the

respondentS have been declared to be tenant of open land. It is

submitted that unless the open land is appurtenent to any building

or premises which are let out, such open land do not come within

the ambit of definition of 'Premises' under the Maharashtra Rent

Control Act. It is submitted that the learned Trial Court is in error in

answering the preliminary issue in the affirmative, when in fact the

Small Causes Court has no jurisdiction.

3. The record discloses that a notice was issued to the

respondents on 24/1/2020. However, none has entered appearance

inspite of service.

4. Considering the short point involved, issue fresh notice to the

respondents returnable on 23/3/2021.

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5. Notice to indicate that the petition could be taken up for final

disposal at the stage of admission subject to constraints of time.

Private notice is allowed in addition to the regular mode.

6. There shall be ad-interim stay in terms of prayer clause (b) till

next date.

C.V. BHADANG, J.

        Mamta Kale                                                    page 3 of 3