JUDGMENT :

1. In this Appeal From Order, the appellants are challenging the

order dated 16/06/2017, passed by the learned District Judge, Kopargaon in Civil Appeal No.78 of 2011, whereby the Appellate Court was pleased to set aside the Judgment and decree dated 31/01/2009, in Regular Civil Suit No.97 of 2007 and remitted the matter back to the Civil Judge, Junior Division, Kopargaon with further direction to re-register the suit afresh with fresh number of suit and to decide the suit as per the provisions of Civil Procedure Code in exercise of the ordinary civil jurisdiction.

2. Brief facts as stated in the Judgment of Appellate court can be summarized as under :-

The plaintiffs filed a suit before the Civil Judge, Junior Division, for possession and recovery of arrears of rent under the provisions of Maharashtra Rent Control Act. It is the case of the plaintiffs that Karbhari Asaram Chaware, brother of the defendants No.1 and 2 was in occupation as a tenant of the suit premises admeasuring 9.29 sq.mtrs at CTS No.1885, situated within the limit of Kopargaon Municipal Council.

3. The monthly rent of the suit premises was Rs.7/-, however after the death of Karbhari, defendants No.1 and 2 started residing in the suit premises unauthorizedly since year 2002. Thereafter, the defendants No.1 and 2 even committed encroachment on the western portion of CTS No.1885 and made unauthorized construction thereon. The defendants No.1 and 2 even pulled down the entire old construction of the suit premises and made new construction.

4. The defendants No.1 and 2 were not residing along with deceased Karbhari Chaware, and therefore, defendants No.1 and 2 are not the tenants of the suit premises but defendants No.1 and 2 unauthorizedly started residing in the suit premises and even made unauthorized construction thereon without permission of the plaintiffs. The plaintiffs never accepted defendants to be the tenants. The defendants raised permanent structure on the suit premises and they have committed the breach of provisions of the Maharashtra Rent Control Act, 1999.

5. The defendants are also the defaulters as they did not pay rent of the suit premises since January 1985 until 31/01/2009. The defendants have occupied the suit premises after the death of original tenant Karbhari and therefore, plaintiffs brought a suit under the provisions of the Rent Control Act. The plaintiffs further contended that they reasonably and bonafide require the suit premises for their residence and hospital of son of plaintiff No.1. The plaintiffs issued notice to defendants on 31/01/2007, and thereafter, the suit was filed for eviction against the defendants No.1 and 2, the respondents herein.

6. The defendants No.1 and 2 resisted the suit by filing written statement. It is contention of the defendants No.1 and 2 that they are real brothers of Karbhari Asaram Chaware. Defendants No.1 and 2 along with Karbhari and their mother Tulsabai were residing jointly at the suit premises. After the death of Tulsabai and Karbhari, defendants No.1 and 2 continued to occupy the suit premises. There was flood in Godawari river in the year 2006 and the entire suit premises had sunk under the flood, and therefore, the suit premises was damaged to a great extent. The plaintiffs did not carry out repairs, and therefore, defendants themselves carried out repairs of the suit premises. The defendants No.1 and 2 are the tenants of suit premises. The plaintiff No.1 was getting rent from deceased Tulsabai, and thereafter, from the defendants but the rent receipts were not issued. Money order was also refused, and thereafter, the defendants/ respondents herein deposited the amount in the Court.

7. As regards bonafide requirement of the suit premises, the defendants contended that the plaintiffs have buildings at Teli Galli and near Amardham at Kopargaon. The plaintiffs are also holding the prem