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SANDEEP V. MARNE
Narayan Damodar Thakur – Appellant
Versus
Madanlal Mohanlal Malpani – Respondent
JUDGMENT :
(Sandeep V. Marne, J.) :
1) Applicants have filed this Revision Application challenging the decree dated 21 March 2024 passed by the District Judge-II, Panvel Raigad dismissing Regular Civil Appeal No. 189 of 2019 and confirming the decree dated 9 July 2013 passed by the Civil Judge Junior Division, Panvel in Regular Civil Suit No. 51 of 2005. The Trial Court has decreed the suit filed by Respondent-Plaintiff and has directed the Applicants-Defendants to handover possession of the suit premises and to pay arrears of rent of Rs.11,928/-. An enquiry into mesne profits under Order 20 Rule 12 of the Civil Procedure Code, 1908 is also directed to be conducted.
2) Facts of the case, as pleaded in the Plaint, are that Plaintiff is the owner of final Plot No. 233 and building constructed thereon, named ‘Indu Smruti’ within the limits of Panvel Municipal Corporation. Shop No. 1 situated on ground floor of the building admeasuring 14 ft x 9 ft are the suit premises in which the First Defendant was inducted as monthly tenant on rent of Rs.300/- plus taxes of Rs.111/- [total Rs.411/-]. That the suit premises are let out to the First Defendant vide Agreements dated 13 April 1981 and 15
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