JUDGMENT :

SANDEEP V. MARNE, J.

1. Revisionary jurisdiction of this Court under Section 115 of the Civil Procedure Code, 1908 (Code) is invoked challenging the judgment and order dated 24 April 2023 passed by the Appellate Bench of the Small Causes Court, Mumbai, dismissing Appeal No. 03 of 2013 filed by the Applicant and confirming the Judgment and Order dated 22 November 2012 passed by the learned Judge of the Small Causes Court at Mumbai in R.A.E. & R. Suit No. 436/816 of 2004. The learned Judge of the Small Causes Court has decreed the Suit filed by Plaintiff /Respondent and has directed the Applicant/Defendant to handover possession of the suit premises to the Plaintiff on the ground that Defendant was in arrears of rent and permitted increases.

2. Facts of the case, as pleaded by the Plaintiff in the Plaint, are that Flat No. 18 situated on 5th floor of the building Mayfair, at 75-C, Veer Nariman Road, Mumbai 400 020 is the suit premises. Plaintiff claims to be the owner and landlord of the property known as ‘Mayfair Building.’ Original Defendant-Dushyant Nanubhai Desai was the Karta and Manager of D.N. Desai and others (HUF). The said HUF was inducted as tenant in respect of th