JUDGMENT :

M.M. SATHAYE, J.

1. By this Civil Revision Application, filed under section 115 of the Code of Civil Procedure, 1908 (‘CPC’ for short), the Revision- Applicant/original Plaintiff No.2 is challenging the the Judgment and Decree dated 11.10.2013 passed in A-1 Appeal No.79/2011 alongwith Cross Objection No.2/2012 by the Appellate Bench of Small Causes Court at Mumbai (Bandra). By the said impugned Judgment and Decree, the Appeal filed by the Defendants/Tenants challenging the decree of eviction was allowed and the Cross Objection filed by the Landlord challenging adverse findings, was rejected and the Judgment and Decree passed by Small Causes Court, Mumbai in R.A.E Suit No.400/1222 of 1985 (granting eviction) was set aside and the said suit was dismissed with costs.

2. The Revision-Applicant is original Plaintiff-Landlord and Respondents are legal heirs of original Defendants-Tenants.

3. Few facts shorn of unnecessary details are as under :

3.1. The Plaintiff-Landlord filed the said suit seeking eviction of the Defendants-Tenants from the suit flat which is Flat No.5, Second Floor, House No.139-T, Juhu Tara, Santacruz (West), Mumbai 400 049 which was let out on monthly rent of