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2024 Supreme(Online)(Bom) 74

HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE SANDEEP V. MARNE
SHRI BABARJIT SINGH HARI SINGH – Appellant
Versus
SMT. MANORAMA VISHWANATH SURVE(DECEASED) – Respondent


Advocates:
Mr. S.M. Gorwadkar, Senior Advocate with Mr. Vaibhav Mehta and Mr. Nilesh Pandey i/b Vaibhav Mehta & Associates, for the Applicants. Mr. Atul Damle, Senior Advocate with Mr. Suresh Sabrad, Mr. Amey Sawant, Ms. Neha Zanje, G. Saldanha, Mr. Pratik Sabrad and Ms. Payal Vardhan, for the Respondents.

JUDGEMENT

A. THE CHALLENGE

1) Applicants have filed Civil Revision Application challenging the judgment and order dated 1 November 2023 passed by the Appellate Bench of the Small Causes Court allowing Appeal No. 100 of 2017 filed by Plaintiffs-landlords and setting aside the judgment and decree dated 9 October 2015 passed by the Small Causes Court by which R.A.E. Suit No.1303/1949 of 2009 was dismissed. The Appellate Bench has decreed Page No. of 5 July 2024 the suit directing that tenancy of the Applicants/Defendants over the suit premises is terminated on the ground of subletting under Section 16(1)(e) of the Maharashtra Rent Control Act, 1999. The Applicant/Defendants are directed to handover vacant possession of the suit premises to the Plaintiffs. The Appellate Bench has also directed conduct of enquiry into mesne profits under Order 20 Rule 12 of the Code of Civil Procedure, 1908 from the date of the decree till the actual delivery of possession of the suit premises. B. FACTS

2) Plaintiffs/Respondents are owners and landlords of the building known as Daji Pandurang Bhavan, Plot No.472-A, Kings Circle, Mumbai-400 019. One Hari Singh Ujjagar Singh was the original tenant in respec

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