1.RULE. Rule is made returnable forthwith. By consent of all the counsel, the Writ Petition is taken up for final hearing.

2.The present Writ Petition is filed by the landlord, challenging the order passed by the Court of Small Causes, Mumbai, thereby allowing the amendment application filed by the Plaintiff (Respondent No.1 herein) in a Declaratory Suit of Tenancy, being R.A.D. Suit No.18 of 2009 wherein the landlords are the Defendants.

3.The present Petitioner no.1 – Club, is the owner/landlord of the Orient Club building, situated at Chowpatty Seaface, Mumbai – 400 007. In the said building, flat on the West side on the 3rd floor is the subject matter of the present proceedings (for short the “suit premises”). The parties are hereinafter referred to as per their nomenclature in the Trial Court. FACTS :

4.The landlords/Petitioners on 26/9/2007 filed R.A.E. Suit No.1664 of 2007 (for short ‘eviction suit’) on grounds of non-user against one Mr. Ahmed Khairaz, the legal heir of the original tenant, and also added “Nilofer Abhijit Gupta” as a party- Defendant No.2, on the grounds that she was in illegal occupation of the suit premises, and that she has been joined in the suit