Judgment:

SANDEEP V. MARNE, J.

1) Revisionary jurisdiction of this Court under Section 115 of the Code of Civil Procedure, 1908 is invoked to set up a challenge to the judgment and decree dated 20/21 February 2006 passed by the Appellate Bench of the Small Causes Court. The Appellate Bench allowed Appeal No.532 of 2001 filed by Respondent No.3/Defendant No.3 and set aside judgment and decree dated 12 March 2001 passed by the learned Judge of the Small Causes Court, by which R.A.D. Suit No. 4857 of 1988 filed by the Applicant /Plaintiff was allowed and he was declared as tenant in respect of the suit premises.

2) The Applicant is aggrieved by the decision of the Appellate Bench of the Small Causes Court, which has set aside the declaration made by the learned Judge relating to his tenancy in respect of the suit premises. The short issue that arises for consideration in the present Revision Application is whether the Applicant /Plaintiff can be held to be a tenant in his capacity as family member of the deceased original tenant residing with her within the meaning of Section 5(11)(c) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (the Bombay Rent Act). A brief fact