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2024 Supreme(Online)(Bom) 6287

HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
PARSHURAM CHUNILAL KANOJIYA – Appellant
Versus
SHRI. MANOHAR VITHOBA KUNTHA (DECEASED) THR. LRS. AND ORS. – Respondent


Advocates:
Mr. Rajesh Kachare with Mr. Tushar Dahibawkar with Ms. Sonal Dabhokar i/b Dahibawkar & Co., for the Applicant. Dr. Ranjit A. Thorat, Senior Advocate with Ms. Pratibha Shelake with Ms. Anamika Malhotra i/b Mainak Adhikary, for the Respondent No.1(a) to 1(d).

JUDGMENT :

1) This Revision Application is filed challenging the decree dated 8 October 2021 passed by the Appellate Bench of the Small Causes Court dismissing Appeal No. 376/2017 filed by the Applicant/Defendant No.2 and confirming the eviction decree dated ____________________________________________________________________

26 October 2017 passed by the learned Judge of the Small Causes Court directing the Defendants to handover possession of the suit premises in addition to conduct of enquiry into mesne profits.

2) Briefly stated, facts of the case are that, Plaintiffs are owners and landlords in respect of the property known as Building No.4 situated on plot of land bearing CTS No.425, 12th lane, Kamathipura, Nagpada, Mumbai 400 008. Defendant No.1 was inducted as a monthly tenant in respect of Shop No.1 on the ground floor of the said Building No.4 on monthly rent of Rs.400/-, which are the ‘suit premises’. Plaintiff instituted R.A.E. Suit No.253/426 of 2011 seeking recovery of possession of the suit premises alleging unauthorised subletting by Defendant No.1 in favour of Defendant No.2. Plaintiff also claimed the ground of non-user as well as bonafide requirement of the landlord

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