JUDGMENT :

A.S. GADKARI, J.

1. Petitioners, legal heirs of Mr. Purushottam D. Rajadne, landlord/original plaintiff, in R.C.S. No. 19 of 1986, have invoked jurisdiction of this Court under Article 227 of the Constitution of India, impugning the Judgment and Order dated 31.1.1998 passed in Civil Appeal No. 122 of 1994 preferred by the original defendant/respondent herein, allowing the said appeal and setting aside the Judgment and Order dated 10.2.1994 passed in R.C.S. No. 19 of 1986. By the said Judgment and Order dated 10.2.1994, the trial Court had decreed the suit filed by the petitioner/plaintiff under Section 12(3)(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short, the Rent Act). In an appeal preferred by the Respondent/defendant/tenant the appellate Court while allowing the said appeal, set aside the Judgment and Order passed by the trial court dated 10.2.1994 and dismissed the suit filed by the original plaintiff.

2. Heard Mr. Drupad Patil learned Advocate for the petitioners and Mr. I.M. Khairdi, learned Advocate for the respondent. Perused entire record.

3. Record reveals that, the petitioner/landlord had filed R.C.S. No. 19 of 1986 in the Court