JUDGMENT :

SANDEEP V. MARNE, J.

1. This Petition is filed challenging judgment and order dated 18 June 1999 passed by the Appellate Bench of the Small Causes Court, by which the Appeal preferred by original Plaintiff/Respondent has been allowed setting aside the decree dated 7 June 1995 passed by the learned Judge of the Small Causes Court, by which R.A.E. & R. Suit No. 313/1024 of 1983 was dismissed. The Appellate Bench of the Small Causes Court has thus, reversed the finding of the Trial Court on the issue of default in payment of rent and has decreed the Suit directing Defendant to handover possession of the suit premises to the Plaintiff-landlord.

2. Briefly stated, facts of the case are that Plaintiff is the owner and landlady of the building known as ‘Dr. Keni’s House’, situated at Plot No. 176, Sion Road, Sion (West), Mumbai-400 022. The original Defendant Mr. Sudhir Kumar Sengupta was inducted as monthly tenant in respect of Flat No. 8 (suit premises) in the said building ‘Dr. Keni’s House’ at monthly rent of Rs.43.76 exclusive of permitted increases. According to Plaintiff, Defendant was irregular in payment of rent and he also not paid water pump and pump-man charges @ Rs.10