The Full Bench also appreciated that the expression used in the section is "relating to recovery of rent or possession" and not "for recovery of rent or possession". The words "relating to" are wide and would include any suit or proceeding in connection with or having a direct bearing on the question of possession of the premises. It has been held that section 28 confers jurisdiction upon the special Court not only to decide questions referred to in the section but also all matters which are incidental or ancillary to the determination of such question.
5. Therefore, it is in this context that one has to see the prayer of the respondent herein in his injunction notice. The allegation is that the petitioners are keeping dogs and barrels in the passage leading to the respondent's premises, i.e., Room No. 5 on the 2nd floor and the common lavatory. The dogs are ferocious. The respondent is a practising Advocate. His clients cannot come to him because of the menace so created by the petitioners. Even he finds it difficult to enjoy the possession of the suit premises. No doubt the learned Counsel for the petitioner at this stage stated that the petitioner had not disturbed the possession of the respondent of the suit premises and that even the dog were now kept on the 4th floor. However, all that is to be considered on merits. The question before this Court is a limited one. It is when the suit premises are given possession but access to the premises is not obstructed causing merely some inconvenience, and is obstructed absolutely, can one say that the grievance is not relating to the possession. It is not possible for me to accept the petitioners contention that the dispute herein is not relation to the possession of the suit premises by a tenant against the landlord. Accordingly the petition is rejected. Rule is discharged with no order as to costs.
IN THE HIGH COURT OF BOMBAY
Civil Revision Application No. 564 of 1987
Decided On: 13.03.1989
R.J. Mehta, President Engineering Majdoor Sabha and Anr.
Vs.
Govind Ramchandra Nadkarni
Hon'ble Judges/Coram:
T.D. Sugla, J.
Citation:1989 MHLJ809,1989(2) Bom CR175
