Akil Kureshi, J.—Petitioner, Dena Bank, has in the present petition challenged an order dated 08.10.2007 passed by the learned Civil Judge, Sihor below application Exhibit-5 in Regular Civil Suit No. 91/07. The petitioner has also challenged an order dated 08.10.2007 passed by the District Magistrate in Case No. 30/2006-07. The petitioner has also challenged an order passed by the Debt Recovery Tribunal, Ahmedabad in Appeal No. 2-A of 2007.

2. Some facts necessary to appreciate the rival contentions be noted at this stage.

3. The petitioner is a nationalized Bank. One of the branches of the petitioner Bank is situated at Sihor in Bhavnagar district. The branch is located in a building known as Gautam Shopping Center which is owned by Respondent No. 2 herein. The branch office of the petitioner Bank is situated on the first floor of the building. The petitioner Bank claims to be the tenant of the said premises since 1986, having been inducted by Respondent No. 2 herein.

4. In the year 1992, Respondent. No. 2 filed Suit No. 25/92 against the present petitioner before the Court of Civil Judge, Sihor for recovery of arrears of rent and possession of the suit premises. The suit, ho