JUDGMENT :

1. This Writ Petition is filed under Article 227 of the Constitution of India, challenges the Judgment and Order dated 20 December, 2022 passed by the Appellate Bench of the Court of Small Causes at Bombay in Appeal No.258 of 2021, which had quashed and set aside the Order dated 1 September, 2021 passed by the Single Judge of the Court of Small Causes.

2. The Petitioner is the Original tenant in an Eviction Suit and the Respondents are the Legal Heirs of Original landlord.

3. The landlord filed a Eviction Suit under Section 16(1)(a) and (b) of the Maharashtra Rent Control Act, 1999, being R.A.E. Suit No.251/365 of 2010, before the Court of Small Causes at Bombay.

4. Defendant/tenant after being served with the writ of summons appeared in the matter and filed her Written Statement, thereby denying the contentions of the Plaintiff. Soon thereafter, issues were framed and evidence of the parties was recorded.

5. On 18 March, 2021, the Defendant/tenant filed an Application (Exh.52) for rejection of Plaint. On the ground that Plaintiff by way of conveyance dated 18 September, 2019 sold the building in which the Suit Premises existed to Mrs. Mamta Anil Jain and Mr. Anil Jain. There