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2025 Supreme(Bom) 1104

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N. J. JAMADAR
Rajendra Gangadhar Patil – Appellant
Versus
Bhanuprakash Bherumal Khandelwal (since deceased) – Respondent


Advocates Appeared:
For the Applicant : Mr. R. M. Haridas.
For the Respondents: Mr. Vaibhav Sugdare, a/w Vishal Mehta, i/b MV Law Partners.

JUDGMENT :

N. J. JAMADAR, J.

1. This revision application is directed against a judgment and decree dated 26th March, 2021 passed by the Appellate Bench of the Court of Small Causes in Appeal No.60 of 2011, whereby the Appellate Bench was persuaded to allow the appeal preferred by the deceased respondent Nos.1 and 2 (the landlords) against the judgment and decree in RAE&R Suit No.230/393 of 2000 dismissing the suit, and instead decree the said suit for eviction of the applicant on the ground of carrying out additions and alterations of permanent nature without the consent of the landlords.

2. The background facts necessary for determination of the revision application can be stated in brief as under :

2.1 The deceased respondent Nos.1 and 2 were the owners/landlords of the premises suited at Plot No.866 TP Scheme No.IV, old Prabhadevi Road, Dadar (W), Mumbai. There were multiple structures on the said property (the larger property). The applicant – defendant was a tenant in respect of Room No.2 in structure A (the demised premises).

2.2 The demised premises comprised of a kitchen, one room and an open veranda/otla.

2.3 The plaintiffs purchased the larger property in the year 1967. Before

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