IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2319 of 1992. SUIT NO.2319 of 1992. SUIT NO.2319 of 1992. Mrs. Grace Noronha ..Plaintiff versus Mr.Ronald Francis Albuquerque ..Defendant Mr.F. D’Mello for the Plaintiff Mr.R.S.Tripathi for the Defendant CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 11th August, 2008. DATED : 11th August, 2008. DATED : 11th August, 2008. P.C. 1. The present suit is filed by the plaintiff so as to have vacant and peaceful possession of the suit premises, namely flat No.B-1/6 of Ursula Apartments, more particularly set out in prayer clause (a) of the plaint. 2. Perusal of paragraph 6 of the plaint would clearly go to show that in the year 1986, the plaintiff inducted the defendant in the suit premises to enable the defendant to accommodate him for a short duration and that too on gratuitous basis. This will mean that the plaintiff created a gratuitous licence in favour of the defendant. At the relevant time when the suit was filed in the year 1992 the law was namely, a suit for recovery -2- in regard to possession of the suit premises on the basis of the gratuitous licence can be instituted in this Court provided the value of the suit premises was more than 50,000/-. Accordingly, the suit came to be filed on the basis of the law then prevailing. In view of the judgment delivered by this Court in the case of Prabhudas Damodar Kotecha Prabhudas Damodar Kotecha Prabhudas Damodar Kotecha & Anr. vs. Manharbala Jeram Damodar & Others & Anr. vs. Manharbala Jeram Damodar & Others & Anr. vs. Manharbala Jeram Damodar & Others reported in 2007 (5) Bom.C.R.1, reported in 2007 (5) Bom.C.R.1, reported in 2007 (5) Bom.C.R.1, a suit filed by the plaintiff for recovery of the possession on the basis of gratuitous licence will not lie in this Court. It is observed in the aforesaid judgment that this Court shall have no jurisdiction to try and entertain the recovery of possession from the person who is inducted as gratuitous licensee. In view of the aforesaid development, this Court has no jurisdiction to try and entertain this suit and this plaint will have to be returned to the plaintiff for filing it in the proper Court. 3. Learned Advocate Mr.F D’Mello informed this Court that certain interim orders are running against the defendant as regards defendant paying certain amount to the plaintiff by way of compensation without prejudice to the rights of the -3- parties and certain other orders are operating against the defendant by which the defendant is required to perform certain overt act. Needless to mention that whatever interim order is running as of today, should continue against the defendant for some time so that after this plaint is lodged in the appropriate Court, the plaintiff would be able to file fresh application for appropriate interim relief in that Court. In view of the aforesaid discussion, I pass the following Order. ORDER i) In view of the judgment in the case of Prabhudas Damodar Kotecha & Anr. vs. Manharbala Jeram Damodar & Ors. (Supra), this Court shall have no jurisdiction to try and entertain this suit. ii) It is hereby ordered that the plaint be returned to the plaintiff for filing it to the proper Court. 28th August, 2008 is the date fixed for returning the plaint to the plaintiff. Accordingly office shall return the plaint to the plaintiff for filing it in the proper Court. -4- iii) Upon receipt of the plaint, the plaintiff shall file the same in the proper Court. iv) Whatever interim orders are running against the defendant as of today, shall remain in operation as against the defendant till 30th September, 2008. v) After the plaint is filed in the proper Court, if the plaintiff wants certain interim relief against the defendant, the plaintiff is at liberty to file fresh application for whatever interim relief he wants. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)