1 CHS614.95.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 614 OF 1995 IN TAMIL NADU SUIT NO. 141 OF 1981 M/s. Hiru Purshothaman Wire Mills. ... Plaintiffs. V/s. M/s. B.R. Wires & Ors. ... Defendants. Mr. V.S. Kokitkar for the Plaintiffs. Mr. H.V. Chande for the Applicant. CORAM : R.Y. GANOO, J. DATED : 22nd NOVEMBER 2010. P.C. :- Heard learned Counsels on both sides. The Applicant has filed this Chamber Summons for raising attachment in regard to Flat No.14 described in prayer clause (a). The Applicant has prayed for raising of attachment on the ground that Flat No.14 is a tenanted premises and is used for residential purpose. Learned Counsel for the Plaintiffs - Judgment Creditor submitted that tenancy rights can be attached. This proposition is correct if the tenancy rights are in regard to the business premises. The stand of the Applicant that Flat No.14 is for residential purpose could not be controverted by the Judgment Creditor by production of the proper record. The burden was on the Judgment Creditor to 2 CHS614.95.sxw show that Flat No.14 was for business purpose. In the absence of said material, the attachment levied on Flat No.14 cannot sustain and the same is required to be raised. 2. It was argued by the learned Counsel for the Judgment Creditor that during the pendency of the attachment the Applicant has transferred the tenancy rights in favour of somebody else. If the original attachment itself is illegal, then, no grievance can be made about transfer during the pendency of so called attachment. Hence, the Chamber Summons is required to be made absolute. 3. Hence, following order is passed :- (i) The Chamber Summons is made absolute in terms of prayer clause (a). (ii) Attachment levied on the property described in prayer clause (a) stands raised. (iii) There shall be no order as to costs. (R.Y. GANOO, J.)