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2024 Supreme(Online)(Bom) 6883

HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
SANTOSH ANANT SABALE – Appellant
Versus
JANAK MATHURADAS MORARJI AND ORS. – Respondent


Advocates:
Mr. Durgaprasad Sabnis with Mr. Durgesh D. Rege, Mr. Durgesh Kulkarni (through video conferencing), Mr. Anvay Homkalas, Ms. Poorva Lamba and Ms. Akshata Bhogle for the Applicant. Mr. Shravan M. Vyas for Respondent Nos.1A, 1B & 2.

J U D G M E N T :

1) This Revision Application is filed challenging the judgment and decree dated 26 March 2022 passed by the Appellate Bench of Small Causes Court allowing Appeal No.133 of 2016 and setting aside the judgment and decree dated 25 November 2015 passed by Small Causes Court in R.A.E. & R. Suit No.808/1381 of 2001. The Small Causes Court had dismissed Plaintiffs suit seeking recovery of possession of the suit premises from the Defendants on the ground of unlawful subletting and default in payment of rent. The Appellate Court has decreed R.A.E. & R. Suit No.808/1381 of 2001 on the solitary ground of unlawful subletting and has directed Defendants to handover possession of the suit premises to the Plaintiffs in addition to an order of injunction permanently restraining the Defendants from parting with possession of the suit premises and/or inducting any persons therein under any agreement or arrangement.

2) Facts of the case, as pleaded in the plaint are that Plaintiffs are owners of Building No.195–201, V.P. Road, Mumbai–400 004. Mr. Anant Krishna Sabale was inducted as a tenant in respect of shop situated on ground floor on front side of the Building No.195-201, V.P. Road, Mu

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