R.G. KETKAR, J.

1. Heard Mr. Vyas, learned Counsel for the applicant and Mr. Shah, learned Counsel for the respondent at length.

2. By this Application under Section 115 of the Code of Civil Procedure, 1908 (for short ‘C.P.C.’), applicant, hereinafter referred to as ‘plaintiff’, has challenged the judgment and decree dated 07.10.2009 passed by the Appellate Bench of the Small Causes Court at Bandra, Mumbai in Appeal No.129 of 2008. By that order, the Appellate Court allowed the appeal preferred by the respondents, hereinafter referred to as ‘defendants’, and set aside the judgment and decree dated 30.01.2008 passed by the learned trial Judge in T.E.&R. Suit No.27/30 of 2002. The Appellate Court dismissed the Suit. The relevant and material facts, giving rise to filing of the present Application, briefly stated, are as under:

3. The plaintiff has instituted Suit against the defendants for recovery of possession of flats No.4 and 6 situate on the first and second floor respectively of the building known as ‘Girishant’, Plot No.351-A, Linking Road now known as Sardar Vallabhbhai Patel Road, Khar Mumbai - 400 052 (for short ‘suit premises’) inter alia contending that one Dayabha