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2024 Supreme(Online)(Bom) 2673

BOMBAY HIGH COURT
SANDEEP V. MARNE, J
MUKESH KANTILAL WAGHELA AND OTHERS – Appellant
Versus
RAJKUMAR SHIVMURAT SINGH AND OTHERS – Respondent


Advocates:
Mr. Ravi R. Gadagkar i/b Ms. Usha R. Gadagkar for the Applicants. Mr. Tushar Dahibawkar i/b M/s. Dahibawkar & Co. for Respondents.

J U D G M E N T :

1 Applicants have filed this Civil Revision Application challenging the judgment and decree dated 19 September 2011 passed by the learned Judge of Small Causes Court decreeing RAE & R Suit No.971/1680 of 2001 and directing Applicants/Defendants to vacate the suit premises and to pay Rs. 2381.40 towards rent, property taxes and permitted increases for the period from 1 January 1998 to 31 December 2000. An enquiry into mesne profits from the date of filing of the Suit under Order 20, Rule 12 of the Code of Civil Procedure, 1908, (the Code) it also directed to be conducted. The decree dated 19 September 2011 has been unsuccessfully tested before the Appellate Bench of Small Causes Court by filling Appeal No.103 of 2011. The Appellate Bench has however dismissed the Appeal by its judgment and decree dated 12 March 2021, which is also subject matter of challenge in the present Application.

2 Shop No.1 on Ground floor of the Building No.49, 2nd Lane, Manaji Rajuji Road, Kamathipura, Mumbai 400 008 admeasuring 21 square feet are the ‘suit premises’. Defendants' father was inducted as a monthly tenant in respect of the suit premises for carrying out tailoring business. Afte

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