Important Point – Claim for mesne profits stands on a slightly different footing than may be a suit for simplicitor possession of immovable property.

1. Admit. With the consent of the learned counsel for the parties heard forthwith.

2. The revisionary jurisdiction of this Court is invoked against the order dated 24/10/2015 passed by the Appellate Bench of the Small Causes Court in Appeal No.351 of 2009 and Appeal No.61 of 2009 in Misc. Notice No.4705 of 2004 in RAE & R Suit No.1486/4851 of 1983. (“Misc. Notice No.4705 of 2004” is herein after for brevities sake referred to as “the Misc. Notice”). By the said order the Appellate Bench of the Small Causes Court has held that the Application being the Misc. Notice No.4705 of 2004 filed by the Respondents herein is within limitation. The parties would be referred to as per their nomenclature in the Suit i.e. the Respondents as Plaintiffs and the Applicant as the Defendant.

3. The factual matrix involved in the above Civil Revision Application can be stated thus :

The Respondents herein i.e. the Plaintiffs are the owners and landlords of the premises i.e. Block Nos. 7A and 7B on the 7th floor of the building known as Chandermukhi, Nariman Point, Mumbai. The said premises admeasure 7000 sq.ft built up area. Prior to the present Plaintiffs becoming the owners of the said property the predecessor in title of the Plaintiffs granted leave and license to the Applicant herein i.e. the Defendant by the Agreement dated 15/05/1972 on the terms and conditions mentioned in the said Leave and License Agreement. On the Plaintiffs becoming the owners of the said property by virtue of the Agreement dated 25/08/1980 the Defendant became the licensee of the Plaintiffs and started paying license fee or compensation at the rate prevailing to the Plaintiffs. As the Defendant was occupying the suit premises on 01/02/1973 under a valid and subsisting Leave and License Agreement in terms of Section 15(A) of the Bombay Rent Control Act, 1947, it became a deemed tenant of the Plaintiffs. The Plaintiffs by their notice dated 19/06/1982 terminated the tenancy of the Defendant and thereafter filed eviction suit being RAE & R Suit No.1486/4851 of 1983. The said suit was founded on the bonafide requirement of the Plaintiffs in respect of the suit premises. The said suit of the Plaintiffs was decreed by the Trial Court by the judgment and order dated 12/07/1991 whereby the Defendant was directed to deliver vacant and peaceful possession of the suit premises on or before 30/09/1991.

4. Aggrieved by the said decree dated 12/07/1991, the Defendant filed an Appeal being Appeal No.220 of 1991. The said Appeal was allowed by the Appellate Bench of the Small Causes Court and decree dated 12/07/1991 passed by the Trial Court was set aside and the suit filed by the Plaintiffs was dismissed.

5. Against the said order the Plaintiffs herein filed a Writ Petition being No.4053 of 1992 in this Court. The said Writ Petition came to be allowed by a learned Single Judge of this Court by the judgment and order dated 03/09/2002, resultantly the judgment and order dated 24/09/1992 passed by the Appellate Bench of the Small Causes Court was set aside and the decree of the Trial Court dated 12/07/1991 was restored.

6. Against the judgment and order dated 03/09/2002 passed in the said Writ Petition, the Defendant filed an SLP being SLP No.21206 of 2002 in the Apex Court which was summarily dismissed by the Apex Court by order dated 13/09/2002, and the Defendant was directed to hand over vacant and peaceful possession of the suit premises on or before 31/03/2003 by filing usual undertaking.

7. Pursuant to the said undertaking given by the Defendant, the possession of the suit premises was handed over on 31/03/2003. Since in the interregnum the Maharashtra Rent Control Act 1999 (for short the Rent Act 1999) had come into force. The Plaintiffs herein i.e. the landlords filed TE & R Suit No.229/274 of 2000 claiming mesne profits in respect of the suit premises for the period men