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2015 Supreme(Bom) 1194

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S. SONAK, J.
Vasant Mahadeo Gujar – Applicant
Versus
Baitulla Ismail Shaikh & Another – Respondents
Civil Revision Application No. 770 of 2013, Civil Revision Application No. 167 of 2014, Civil Application No. 210 & 211 of 2015, Civil Application No. 352 & 353 of 2014
Decided On : 4.8.2015

Advocates:
Advocate Appeared:
Mr. V.S. Talkute a/w. Mr. S.R. Morey, Mr. Uday Warunjikar for the Applicant.
Mr. A.V. Anturkar, Senior Advocate i/b Mr. Sandeep M. Phatak, Mr. P.B. Shah and K.P. Shah i/b Diamondwala & Co. for the Respondents.

JUDGMENT

M.S. SONAK, J.

1. Rule and interim relief was granted in these Civil Revision Applications by speaking order dated 4 February 2014. As against the same, the respondent-landlords preferred Special Leave Petitions before the Apex Court, which were dismissed on 2 May 2014. However, the Apex Court requested this Court to dispose of the pending Civil Revision Applications expeditiously. It is in these circumstances, that two Civil Revision Applications were taken up for final disposal.

2. The learned counsel for the parties requested that these two Civil Revision Applications be disposed of by common judgment and order. Even otherwise, the respondent-landlords in the two Civil Revision Applications are one and same. The tenants who have instituted these Civil Revision Applications occupy parts of the same House No. 86. The impugned orders proceed on basis of substantially similar facts and reasoning. After certain stage, common evidence came to be recorded in the two matters. For all these reasons, it would indeed be appropriate if these two Civil Revision Applications are disposed of by this common judgment and order.

3. The Civil Revision Application No. 770 of 2013 is instituted by Vasant M. Gujar (Gujar). This concern two rooms, together admeasuring about 240 sq.ft. in House No. 86, Dr. Sabane Road, Mahabaleshwar (suit premises No. 1), of which the respondents are the landlords. The suit premises No. 1 were let out by one Mr. Bhise, the previous owner since last several decades. The suit premises are being used by the tenant Gujar for residential purposes.

4. The Civil Revision Application No. 167 of 2014 has been instituted by Smt. Khatija Panhalkar and others (Panhalkar). This concerns road facing premises admeasuring about 40 sq.ft., again being part of House No. 86, Dr. Sabane Road, Mahabaleshwar (suit premises No. 2) of which, the very same respondents as in Civil Revision Application No. 770 of 2013 are landlords. The suit premises No. 2 are being used by the tenant Panhalkar for sale of handicrafts, Mahabaleshwar sticks etc. last several decades.

5. At least two portions of House No. 86 of which the suit premises form a part, are in possession of the landlords. One of the portion is immediately adjacent to suit premises No. 1 and the same was used for residential purposes. The second is immediately adjacent to suit premises No. 2 and is used by the landlords for commercial purposes. There is reference to yet another portion/shed in the occupation of tenant Gujar. However, no proceedings are initiated in respect of the said portion/shed and accordingly it is clarified that the present proceedings do not concern with such portion/shed.

6. The landlords instituted Regular Civil Suit No. 137 of 2010 (old Regular Civil Suit No. 241 of 2002) against the tenant Gujar seeking eviction from the suit premises No. 1 on the grounds of default in payment of rent, reasonable and bona fide requirement and that the premises are required for immediate purpose of demolition ordered by municipal authorities. These are grounds contemplated by Sections 15, 16(1)(g) and 16(1)(k) of the Maharashtra Rent Control Act, 1999 (Rent Act).

7. The landlords also instituted Regular Civil Suit No. 136 of 2010 (old Regular Civil Suit No. 239 of 2002) against the tenant Panhalkar for eviction on the same grounds. There was however, an additional ground that the tenant Panhalkar had without the landlords' consent in writing erected upon the suit premises No. 2 a permanent structure. This is a ground contemplated by Section 16(1)(b) of the Rent Act.

8. The two suits were taken up for consideration together by the Civil Judge, Junior Division at Mahabaleshwar (Trial Court). The examination-in-chief was recorded separately in the two cases to begin with. However, after some stage, at the request of the parties, common evidence was recorded. Even the cross-examination of Baitulla Shaikh is common in both cases. The Trial Court, by judgment and order da














































































































































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