JUDGMENT :

Dama Seshadri Naidu, J.

Introduction:

In a suit for eviction, the owners have concurrently succeeded. Both the trial Court and the Appellate Court have accepted that the owners need the property for their use. Aggrieved, the tenants filed this Civil Revision Application (CRA) before this Court, under Section 115 of the Code of Civil Procedure. The tenants have pleaded three things :

(a) Change of circumstances or subsequent developments;

(b) Owners' suppressing facts; and

(c) the suit proceedings getting abated. We will examine.

Facts:

2. Generations ago, one landlord let a piece of property-two shops-to one tenant. The tenancy continued. Both the original landlord and the original tenant passed away. Later, their legal heirs succeeded on either side. Eventually, in 1986 the wife and seven children of the immediate predecessor-landlord filed Suit No.585/1986 to evict the tenants, on the grounds of bona fide requirement and arrears of rent. During the trial, it seems, the owners gave up their claim on the arrears of rent, but they persisted with the bona fide requirement under Section 13(1)(g) of the Bombay Rent Control Act. Eventually, in 2001, the trial Court decreed the suit.