J U D G M E N T :

T HE C HALLENGE

1) Revisionary jurisdiction of this Court is invoked under provisions of Section 115 of the Code of Civil Procedure, 1908 (the Code) for setting up a challenge to the judgment and decree dated 30 September 2022 passed by Appellate Bench of Small Causes Court by which A1 Appeal No.335 of 2015 filed by the Applicants has been dismissed. Cross-Objection filed by the Plaintiffs is also dismissed. Small Causes Court's decree dated 14 March 2014 decreeing R.A.E. Suit Page No. of No.648/1112 of 2001 has been confirmed. The Small Causes Court, while partly decreeing the suit, has held Plaintiffs to be entitled for decree of eviction of Defendants from the suit premises.

F ACTS

2) Plaintiff-Haji Esmail Haji Essa Supariwala, who claims to be the owner and landlord in respect of the building named ‘Supariwala Mansion’ (previously known as Sofia Manzil) situated at Dr. Babasaheb Ambedkar Road, Parel, Mumbai – 400 012. It appears that Mr. Bahman Jehangir Irani and Mr. Rustom Gustasph Irani were operating Restaurant business in the name of style as 'Cafe Yazdan' in Shop Nos.1, 2 and 3 of the building Sofia Manzil. By Indenture dated 20 June 1952, said Bahman Jahangi