LEENA RAMNIKLAL JHAVERI Vs. NEW AKASJ GANGA CO OP HOUSING SOC

JUDGEMENT

(1.) An entertaining point is involved in this petition, en-tertaining because it leaves everyboby in the dark-as to what could have actuated the present petitioners to raise such a point.

(2.) Two plots of land situate a Bhulabhai Desai Road, Bombay, belong to the present petitioners who are the trust- ees of the trust resulting from a Deed of Settlement dated March 18, 1962. By a document denominated as a building , lease dated November 12, 1965, the petitioners agreed to lease the said two plots of land to M/s, Paramount Builders, respondent No. 5 herein, on an annual rent of Rs. 51,000/- As it is the usual case in the city of Bombay, the object was that the builders, (respondent No. 5) should construct multistoried building on the said two plots, and the flates therein should be sold to the ultimate occupants. Naturally the understanding was that the purchasers of the respective ' flats would constitute a Co-operative Housing Society which was to be promoted by the builders, respondent No. 5. The lease by the petitioners in favour of the respodent No. 5 was to be taken over by the said Society after the construction of the building was completed.

(3.) It appears that the construction of the building and the formation of Co-operative Society was complete by the end of the year 71. It appears further that there started disputes between the builders, respondent No. 5 on the one hand and the Society on the other. As the result of the dispute an application was filed by the Society in the Court of Small Causes, Bombay, on July 31, 72 for fixation of standard rent in respect of the two plots of land which formed the subject matter of building lease dated November 12,65. During the pendency of the said application, an application was made by the Society to the Court (who is respondent No. 1 before me) for fixation of interim rent. The application purported to have been made under section 11 (3) of the Bombay Rent Act. The question arising for determination in this petition is as to whether, in the context of the facts of this case the Court of Small Causes or any Court for the matter of that could be said to have jurisdiction to fix the interim rent under the said section 11(3) of the Bombay Rent Act.