ULTRA CHEMICAL INDUSTRIES Vs. KISHORE INDUSTRIAL FINE CHEMICAL WORKS
HIGH COURT OF BOMBAY
ULTRA CHEMICAL INDUSTRIES
KISHORE INDUSTRIAL FINE CHEMICAL WORKS
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(1.) This revision application has been filed by the defendants against the order dated 26th August, 1971 made by the learned Joint Civil Judge, Senior Division, Thana, refusing to hear them to show cause against an application made by the plaintiffs for an injunction restraining the defendants from prosecuting an application for restitution under Section 144, C. P. C. in a previous suit filed by the same plaintiffs against the same defendants. It will be necessary to state some of the facts in order to be able to appreciate how the present order came to be passed.
(2.) The defendants were in occupation of certain premises belonging to the plaintiffs. The contention of the plaintiffs was that the defendants were licensees whereas the contention of the defendants was that they were tenants. The plaintiffs further contended that the defendants had committed breach of the terms of the agreement of leave and licence, that the licence had been terminated and that the plaintiffs had become entitled to recover possession from the defendants of the said premises and the plaintiffs were also entitled to recover arrears of licence fees from the defendants.
(3.) In 1965 the plaintiffs filed against the defendants in the Court of the learned Civil Judge Senior Division, Thana, Special Civil Suit No. 26 of 1965 praying for possession of the said premises and for recovery of arrears of licence fees and mesne profits. This suit came to be decreed ex parte on 25th August, 1967. The decree was for possession of the said premises and also for recovery of a sum of money as arrears of licence fees and mesne profits. On 23rd September, 1967 the defendants applied tot he Court for setting aside the ex parte decree. This application being Miscellaneous Application No. 120 of 1967 was dismissed by the Court. The defendants appealed against the order of the dismissal of the said application to this Court and on 16th September, 1969 the said appeal, being A. O. No. 252 of 1969, was allowed, the order of dismissal of the application was set aside and the ex parte decree was also set aside and the ex parte decree was also set aside. The suit was restored. It appears that during the pendency of the appeal in this Court the plaintiffs executed the decree for possession as well as for recovery of money.;
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