1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.550 OF 2007 IN SUIT NO.773 OF 1998 Ram Akbal Mishra .. Plaintiff Versus Shamsuddin Mohd.Hanif .. Defendant and Saira B. Hanif .. Applicant None for plaintiff Mr.N.J.D’Monte for applicant CORAM : S.C.DHARMADHIKARI, J. DATE : 28th January 2009. P.C. . From reading of this chamber summons and the affidavit in support what is apparent to me is that the premises are tenanted premises. They are residential premises. Assuming that the defendant was a tenant therein, by virtue of proviso to section 60(1) of C.P.C. and more particularly clause K(c) therein, the interest in 2 a residential building of a lessee, to which the Bombay Rent Act is applicable, cannot be attached or sold is the clear mandate in law. In such circumstances and when the plaintiff has been duly served with the chamber summons, but no affidavit in reply is filed, the attachment is liable to be raised. Accordingly, chamber summons is made absolute in terms of prayer clause (a). This order is passed after perusing the original annexures to the affidavit in support and on the basis of uncontroverted statements in the affidavit in support of the chamber summons. Affidavit of service is taken on record and marked "X" for identification. (S.C.Dharmadhikari, J)