1 nms.1888.09 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1888 OF 2009 IN SUIT NO.1321 OF 2009 Dr.Naginder Singh Bajwa. ..Plaintiff -Versus- Manjeet Kaur Sodhi and another. ..Defendants .......... S.R.Singh, for the Plaintiff. None for the Defendants. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 18th October, 2010. P.C. 1 This is a suit for possession on title. The property involved is a tenement allotted by MHADA. 2 It is stated that the Plaintiff is the original allottee of this premises and the Defendants are trespassers therein. The premises were allotted to the Plaintiff by the Maharashtra Housing & Development Authority (MHADA). The entire consideration of Rs.3,41,700/- has been paid by the Plaintiff by obtaining the loan from Punjab & Maharashtra Co- operative Bank which loan is stated to have been completely repaid and the flat has been released from the mortgage. Even the original documents of title are returned to the Plaintiff. The Plaintiff has also paid several sums to MHADA and continues to pay the maintenance charges and other charges. Even the Co-operative Housing Society has been formed now. 3 It is stated that the Defendants approached the Plaintiff and requested him to permit them to temporarily reside in the suit property on 2 nms.1888.09 the assurance that they will vacate and handover vacant and peaceful possession as and when demanded. This is how possession was handed over to them. The relations were cordial and as the Plaintiff remained out of India so also with a view to make timely repayment of the housing loan, the Plaintiff and the Defendant No.2 opened a joint account. It is stated that the Plaintiff whenever visiting India used to contact the Defendants and pay them an amount for repayment of loan. However, it is stated that the entire housing loan has been repaid by the Plaintiff. The Defendants have not contributed anything. It is urged that ad-interim order will not protect the interest of the Plaintiff sufficiently because the Defendants are not paying anything but continue to reside in the premises free of costs. 4 On the other hand, the Defendants submit that the allotment of tenement was made in the name of the Plaintiff but in fact the flat was meant for the Defendants. The Defendants admit that there was loan of the Co-operative Bank in the sum of Rs.2,46,000/-. Although it is stated that the Plaintiff is residing somewhere else but both the Plaintiff and the Defendants belong to the same community and in such circumstances, it is not as if there was some temporary arrangement for residence, in fact the premises were obtained for the Defendants themselves and the Defendants are rightly occupying the same. It is only with a view to create some right in the property that the Plaintiff has come with a story of repayment of loan amount. There was no default on the part of the Defendants and they were about to clear dues of the Bank. 5 In my view the Plaintiff has made out a prima facie case for grant of interim injunction restraining the Defendants from disposing of or transferring the suit flat or inducting any third party therein. 6 However, Mr.Singh submits that the Defendants are not paying anything although they have stated that they have repaid a part of 3 nms.1888.09 loan of the Punjab & Maharashtra Co-operative Bank, no documents have been produced instead it is the Plaintiff who has obtained no dues certificate. In such circumstances, the request is that even the maintenance charges are being paid by the Plaintiff without any reimbursement, therefore, in addition to confirmation of ad-interim order, the Defendants must be put to terms. 7 The Defendants and their Advocate were absent on the last occasion and they are absent even today. 8 In such circumstances, while making this Notice of Motion absolute in terms of prayer clause (c), liberty is given to the Plaintiff to apply for further interim relief including for reimbursement of the amount paid month to month towards maintenance and other charges in respect of the suit flat. 9 Notice of Motion is, accordingly, disposed of. (S.C. Dharmadhikari, J)