The admission by the landlords did not confer tenancy rights only upon the Petitioner, but also upon his mother and siblings. Decreeing the suit in favor of the Petitioner alone would deny the rights of other heirs of the original tenant.

JUDGMENT :

1. This is a petition filed under Article 227 of the Constitution of India impugning the order dated 23rd November, 2021 of the Appellate Bench of the Small Causes Court at Mumbai in Revision Application No. 39 of 2020 in Exhibit No.37 in pending R.A.D. Suit No.489 of 2016 (the “said suit”) confirming the order dated 15th January, 2020 passed by the Trial court below Exhibit No.37 in the said suit rejecting Petitioner’s application under Order XII Rule 6 of the Code of Civil Procedure, 1908 for a decree on admission.

2. The Petitioner is the original Plaintiff in the said suit and the Respondents No.1 to 5 are the landlords against whom the Petitioner has filed the suit for declaration of tenancy in his favour in respect of premises being Room No.5, 2nd floor, Building No.23, Kamathipura, 10th Lane, Mumbai 400 008 (the “suit premises”).

3. It is the case of the Petitioner that he is the son of deceased Respondent No.6 alongwith other siblings who are the legal heirs of the original tenant viz. late Shri Krishnaji Mahadeo Koyalkar who was the husband of Respondent No.6 (who died during the pendency of the Revision Application). After the death of the original tenant the rent receipts were transferred in the name of Respondent No.6 as it was claimed that the Respondent No.6 alongwith one of the other legal heirs was paying the rent in respect of the suit premises.

4. The Petitioner has filed the said suit in the Small Causes Court for declaration as tenant and also that the transfer of rent receipts in the name of his mother-the Defendant No.6 therein and Respondent No.6 herein be declared as null and void.

5. It has been contended that the Defendants No.1 and 5 therein and Respondent No.1 to 5 herein viz. the landlords had filed an affidavit dated 6th December, 2017 in reply to the application by the heirs of deceased original tenant for impleadment, in which they have admitted the tenancy of the Petitioner at page No.1, paragraph No.1, line No.5 and therefore, the prayer for decree on admission as there is a categorical admission that the Petitioner is entitled to tenancy rights in the suit premises.

6. The said application below Exhibit 37 for decree on admission before the Trial Court was resisted by the landlords contending that all the legal heirs of the original tenant were residing in the suit premises at the time of his death and also after the death of the original tenant and therefore, the legal heirs of the original tenant were all entitled to the tenancy rights.

7. Mr.Udaipuri, learned counsel for the Petitioner would submit that an application at Exhibit35 for impleading themselves as party Defendants made in the said suit filed by the heirs of the original tenant was rejected by the Trial Court against which a revision was preferred which was allowed and against which Petitioner had filed a writ petition bearing No.2069 of 2019 before this court, which was disposed of by this court observing that the Respondents No.1 to 4 had unconditionally withdrawn the application and the order of the Appellate court dated 5th January, 2019 was set aside permitting the Respondents therein to consider filing of a separate suit if they were so advised. Learned counsel for the Petitioner submits that no such suit has been filed till date by the other heirs and therefore, the courts below ought to have allowed the application for decree on admission.

8. The Trial Court relying on the reply of the legal heirs where they have submitted that they are also entitled to the tenancy rights alongwith the Petitioner and the deceased Defendant No.6 and observing that that being the basis on which the Petitioner is seeking the decree on admission, as well as relying upon the definition of tenant and deemed tenant under the provisions of Maharashtra Rent Control Act, 1999 rejected the application filed by the Petitioner vide order dated 15th November, 2020 holding that since there was a dispute amongst the legal heirs and that the t