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SANDEEP V. MARNE
Dilip Jasaramji Mali – Appellant
Versus
Ramesh Ganesh Saxena – Respondent


Advocates Appeared:
For the Applicant : Mr. Aseem Naphade with Ms. Deepanjali Mishra and Mr. Omkar Khaiyam Shaikh.
For the Respondent:Mr. G.S. Godbole, Senior Advocate with Ms. Aishwarya Shinde.

JUDGMENT :

(Sandeep V. Marne, J.)

1. Applicant has filed this Revision Application challenging the judgment and decree dated 2 November 2023 passed by the Appellate Bench of the Small Causes Court dismissing Appeal No. 19 of 2023 filed by him and confirming the eviction decree dated 20 April 2023 passed by the Small Causes Court in RAE Suit No.438 of 2017. The Small Causes Court, while decreeing the suit filed by the Respondent/Plaintiff, has directed the Revision Applicant/Defendant to vacate the suit premises by handing over its possession to the Respondent/Plaintiff.

2. Brief facts of the case are that Plaintiff claims to be one of the landlords and owner of the property known as 'Flat No.2B, Saxena House' situated at Road No. 2, 13, Jai Prakash Nagar, Goregaon (East), Mumbai–400063. Revision Applicant / Defendant was inducted as a tenant in respect of Flat No. 2-B admeasuring 500 sq. ft. carpet area in the building ‘Saxena House’ on monthly rent of Rs. 3,000/- vide Rent Agreement dated 15 December 2005 executed between Ms. Taradevi Ganesh Saxena (through her constituted attorney being Mr. Ramesh Ganesh Saxena) and the Defendant- tenant. Plaintiff claims that Defendant was a defau

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