1 nms591-06.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.591 of 2006 in Suit No. 218 of 2006 Sukanya Maheshchandra Lad & Another .. Plaintiffs v/s. Satish V. Bhat & Anr. ..Defendants And Bharti Newspaper Private Ltd. ..Applicants Mr.Mihir Desai for the Applicant Mr.Mehul Shah i/b. Bharat Joshi for the plaintiff in support of Notice of Motion No.311 of 2006 Mr.Sunil Dighe i/b.Zakir Ali for the Respondent No.1. Not on board. Taken on board. CORAM : R.Y.GANOO, J. DATED : 15th November , 2010 P.C. : 1. Plaintiffs have by this suit sought possession of the Room No.16, more particularly described in the plaint, which is the suit premises. According to the plaintiffs, the building was taken up for repairs along with room No.16 and while the plaintiffs had executed the 2 nms591-06.sxw license in favour of their licensee, the possession of the room No.16 was taken up by defendant no.3- Bharti Bhavan Tenants Association for repairs of the building and room in question. According to the plaintiffs, during the repairs the licensee has surrendered possession of the room No.16 to the plaintiff and as such the plaintiffs are entitled to the possession of Room No.16 as the building has been repaired and the room is ready for occupation which is presently in possession of Bharati Bhavan Tenants Association, particularly when the plaintiffs have deposited the sum of Rs.10,00,000/- pursuant to the order of this Court. 2. This Chamber Summons has been taken out by the applicant, namely Bharti Newspaper Private Ltd., who claims to be the landlord in respect of the building wherein Room No.16 is situated. According to the landlord, the plaintiffs have no connection with Room NO.16 and as such they are not entitled to possession of Room No.16 and in any case, the landlord should be heard before the claim of the plaintiff is tested by the Court. 3. Having considered the record, I am inclined to observe that the 3 nms591-06.sxw landlord are not required to be joined as party defendant in the present suit. Certainly, when plaintiffs claim for possession in respect of the suit premises, the court will look into the question whether the plaintiffs have a right to have possession. Needless to mention that the tenants Association is duly represented by Advocate and is opposing the relief sought in the Notice of Motion as well as in the suit. 4. The plaintiffs will have to show that the possession of Room No,16 was with them before the building was taken up for repairs. In view of the above, the present Chamber Summons cannot be granted and the same is required to be dismissed. Hence following order is passed. ORDER i) Chamber Summons is dismissed. There shall be no order as to costs. ii) Hearing of Notice of Motion No.311 of 2006 is adjourned to 1.12.2010. Last chance for the parties. [R.Y.GANOO, J.]