JUDGMENT :

1. By this Revision Application filed under Section 115 of Civil Procedure Code, the Applicant has challenged the judgment and order dated 18/02/2020, whereby the Small Causes Court, Mumbai, dismissed the Appeal No.460 of 2015 and thereby confirmed the eviction decree dated 17/04/2015 passed in RAE Suit No.1585/2321 of 2006.

2. The Respondent Nos.1 to 3 were the Plaintiffs, and the Respondent No.4 and the Applicant were the Defendant Nos.1 and 2 respectively and shall be hereinafter referred to as the ‘Plaintiffs’ and ‘Defendants’ respectively.

3. The subject matter of the Suit was Room No.9 admeasuring 319 sq.ft. situated on the 1st floor of Liladhar Mansion, 90 Gulwadi Mumbai. The said room shall be hereinafter referred to as the ‘suit premises’.

4. The Plaintiffs are the owners of the suit premises. The case of the Plaintiffs is that Defendant No.1 was the tenant of the suit premises. By notice dated 17/05/2004, the Plaintiffs terminated the tenancy and called upon the Defendant No.1 to vacate and handover possession of the suit premises. The Defendant No.2 replied to the said notice stating that he is in possession of the suit premises which is being used for residential