Lumbini Nagar Coop. Housing Society Ltd. and Ors. v. Union of India and Ors.

Judgment

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 7896 of 1995. From the Judgment and Order dated 11.10:89 of the Bombay High Court in 1135 of 1989. B.A. Desai, Ms. Reema Bhandari and M.N. Shroff for the Appellants. AS. Nambiar, AS. Rawat, D.S. Mehra, Ms. Sushma Suri and Ms. Binu Tamta for the Respondents. The following Order of the Court was delivered : Leave granted. Pursuant to the directions issued by this Court on July 28, 1995 and the order dated August 11, 1995, affidavit has been filed in which it has categorically been stated that out of 169 original allottees, 57 are employees of respondent No. 2 and are described as departmental employees. Out of 112 other allottees, 9 allottees were given notice under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. Remaining 103 persons are the original allottees who are still in occupation of their respective tenaments with their families.

They neither sold nor transferred their tenaments and they are continuing to reside in the respective tenaments even till date. Mr. Nambiar, learned senior counsel for the respondents, has stated across the bar that no action is being taken against any person other than the nine allottees who are said to have parted with their right to remain in possession of their respective tenaments. The learned counsel for the appellants contended that these 9 allottees, though have entered into agreements to sell their properties, the same is subject matter of the pending suit in the High Court. Therefore, their possession cannot be disturbed. Since the High Court, both the Learned Judge as well as the Division I Bench, was not inclined to grant injunct~on as sought for, we are not persuaded to take a different view in that behalf. Injunction being a 7 LUMBINI NGR. COOP. HSG. SOCY. LTD. v. U.0.1. discretionary order, the High Court has refused to exercise the discretion A in favour of the nine persons.

Under these circumstances, we do not deem it expedient under Article 136 to upset the order of the High Court. The appeal is accordingly disposed of. No costs. R.P. Appeal disposed of.