JUDGMENT :-

A. THE CHALLENGE

1) These are cross proceedings filed by rival parties challenging the judgment and decree dated 30 November 2023 passed by the District Judge, Pune in Regular Civil Appeal No.560/2014. The tenant is aggrieved by dismissal of Regular Civil Appeal No.560/2014 and confirmation of the eviction decree dated 9 September 2014 passed by the Small Causes Court, Pune in Civil Suit No.195/2010 by which the Defendant is directed to handover possession of the suit premises to the Plaintiffs. The Plaintiffs- landlords, on the contrary, are aggrieved by rejection of cross- objections by the Appellate Court holding that Defendant Nos. 2 and 3 are tenants of Plaintiffs and rejecting the ground of unlawful subletting. Plaintiffs desire that their case of Defendant No.1 is the tenant, who unlawfully sublet the premises in favour of Defendant Nos.2 and 3, be accepted in addition to the ground of default in payment of rent. The Trial Court and the Appellate Court have however held Defendant Nos. 2 and 3 (Revision Applicants) to be the direct tenants of Plaintiffs and have decreed the suit on the sole ground of default in payment of rent by them. Defendant Nos.2 and 3 have acc