Aarti VS Pushpaben Popatlal Modi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

N. J. JAMADAR
Aarti – Appellant
Versus
Pushpaben Popatlal Modi – Respondent

Advocates:
Counsel for the Parties:
For the Applicant in CRA/257/2022 and IA/30503/2022:Mr. Anil D’souza, i/b Kartik Vig, Advocate
For the Respondent No.1:Mr. R.R. Nair, Advocate

JUDGMENT

This revision application is directed against the judgement and decree dated 4th May, 2022 passed by the Appellate Bench of the Court of Small Causes at Bombay in P. Appeal No.398 of 2019, whereby the appeal preferred by respondent No.1 against a judgment and decree passed in LE Suit No.36/42 of 2013 came to be allowed by setting aside the said judgment and decree, and directing the applicant –defendant No.2 to hand over clear and vacant possession of Room No.40, 3rd Floor, Rishikesh Bhavan, Parel, Mumbai, (“the suit premises”) to respondent No.1.

2. The dispute between the parties has its genesis in matrimonial and familial discord. For the sake of convenience and clarity, the parties are hereinafter referred to in the capacity in which they were arrayed before the trial Court.

3. Pushpaben - the plaintiff is the mother of Jitesh (D1). Aarti (D2) - the applicant is the estranged wife of D1. Popatlal Modi the husband of plaintiff and father of D1 was the tenant in respect of the suit premises. Popatlal passed away on 25th November, 1986, leaving behind plaintiff, defendant No.1, another son Jayesh and a daughter Bhavna.

4. The plaintiff asserted, in the year 2005, Jitesh (D