JUDGMENT:

1) Petitioner challenges order dated 5 April 2024 passed by the Appellate Bench of the Small Causes Court allowing application at Exhibit-38 filed by Plaintiff and permitting him to carry out amendment in the plaint. The Appellate Bench has referred the case to the Trial Court for inviting its finding on the issue of bonafide requirement and hardship after amendment of the Plaint. Petitioner- Defendant No.1 is thus aggrieved by the Appellate Court’s order permitting amendment of Plaint at appellate stage and remanding the suit for inviting findings of the Trial Court on the issue of bonafide requirement and hardship.

2) Respondent No.1-original Plaintiff had instituted R.A.E.& R. Suit No.102/152 of 2006 in the Small Causes Court at Mumbai seeking recovery of possession of the suit premises comprising of Shop No.2, admeasuring 188 sq.ft, ground floor, Laxman Zulla, 50 Ranade Road, Dadar (West), Mumbai-400028 (Suit Premises). Eviction of Defendants was sought on the grounds of default in payment of rent, erection of permanent structure and reasonable and bonafide requirement of the Plaintiff. It appears that additional issue relating to subletting was also framed by the Trial