R.M. LODHA, J. :---In this petition preferred under section 115 of the Code of Civil Procedure, 1908, the petitioner who is original defendant No. 1 in the suit, seeks to challenge the order dt. 29-11-91 passed by the City Civil Court, Bombay holding that the suit filed by the plaintiffs (respondent No. 1 and 2 herein) was triable by that Court and that the said Court has jurisdiction to entertain and try the suit.

2. The original plaintiffs who are respondents No. 1 and 2 herein filed a suit against the present petitioner/defendant No. 1 and the Municipal Corporation of Greater Bombay. It was inter alia averred in the said suit that the plaintiffs were owners in respect of the property being land bearing City Survey No. 730 (B) admeasuring about 12090 square meters and structures standing thereon. One portion of such property comprising of a structure consisting of ground and first floor, was let-out to the defendant No. 1. The tenancy was only with regard to the structure and not of land and it was let out to the defendant No. 1 for the purposes of commercial use only. The said structure which was let-out to the defendant No. 1 caught fire on 25th August, 95 and the complete struc

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