Arun Sankpal IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 207 OF 2019

1. Anil Bhausaheb Patil Age: 62 years, Occ: Business, R/o 12/14, Kisan Chowk, Near Market Yard, Sangli.

2. Ajit Bhausaheb Patil (Since Deceased)

through LRs.

2A. Lata Ajit Patil Age: 62 years, Occ. Household Having address at Tulsi Apartment, Kisan Chowk Flat No.2, Opp to Market Yard, Sangli.

2B. Aarati Ravindra Kabadage Age: 42 years, Occ. Housewife Having address at Beside Hotel Sadanand Miraj Road, Sangli.

2C. Kirti Nilesh Khot, ARUN RAMCHANDRA Age: 40 years, Occ. Housewife SANKPAL Having address at D by ig A it R a U lly N signed Vijaywadi, S.V. Road, RAMCHANDRA SANKPAL Malad, Mumbai. ..Applicants Date:

2025.08.21

21:14:54 +0530 Versus Sangli Urban Cooperative Bank Ltd, Reg. Under Maharashtra Cooperative Act 1960, Registered Office, 404, Khanbhag, Sangli, through Branch Manager Sangli Urban Coop Bank Ltd, Sangli Main Branch, Sangli. …Respondent WITH CIVIL REVISION APPLICATION NO. 208 OF 2019 Bhausaheb Babgonda Patil Since deceased through legal heirs

1. Anil Bhausaheb Patil Age: 62 years, Occ: Business, R/o 12/14, Kisan Chowk, Near Market Yard, Sangli.

2. Ajit Bhausaheb Patil (Since Deceased)

through LRs.

2A. Lata Ajit Patil Age: 62 years, Occ. Household Having address at Tulsi Apartment, Kisan Chowk Flat No.2, Opp to Market Yard, Sangli.

2B. Aarati Ravindra Kabadage Age: 42 years, Occ. Housewife Having address at Beside Hotel Sadanand Miraj Road, Sangli.

2C. Kirti Nilesh Khot, Age: 40 years, Occ. Housewife Having address at ...Applicants Vijaywadi, S.V. Road, Malad, Mumbai.

Versus Sangli Urban Cooperative Bank Ltd, Reg. Under Maharashtra Cooperative Act 1960, Registered Office, 404, Khanbhag, Sangli, through Branch Manager Sangli Urban Coop Bank Ltd, Sangli Main Branch, Sangli.

…Respondent Mr. Kuldeep Nikam, with Om Latpate, for the Applicants in both Civil Revision Applications.

Mrs. G.H. Keluskar, for the Respondent in both Civil Revision Applications.

CORAM: N. J. JAMADAR, J.

RESERVED ON : 8^th AUGUST 2025 PRONOUNCED ON: 21^th AUGUST 2025 JUDGMENT:

1. These Revision Applications are directed against a common judgment and decree dated 7^th January 2019 passed by the learned District Judge, Sangli, in RCA Nos. 18 of 2014 in RCS No. 214 of 2006 and RCA No. 242 of 2015 in RCS No. 444 of 1989, whereby the Appeals preferred by the Applicants against the decrees of eviction passed in RCS Nos. 444 of 1989 and 214 of 2006, came to be dismissed by affirming the said decrees passed by the Trial Court.

2. Since the two Suits sought eviction of the tenants from one and the same Suit premises, albeit on distinct statutory grounds, it was considered in the fitness of things to decide both the Applications by a common judgment.

3. Shorn of unnecessary details, the background facts leading to these Revision Applications can be summarised as under:

3.1 The parties are hereinafter referred to in the capacity in which they were arrayed before the Trial Court.

3.2 The Plaintiff is an Urban Cooperative Bank registered under the Maharashtra Cooperative Societies Act 1960 (“the Act of

1960”).

3.3 The Plaintiff owns a premises situated at City Survey No. 1103B/4 on Harbhat Road, Sangli. The main branch of the Plaintiff-Bank is located at the said premises. A ground floor premises admeasuring 80.4 sq meters (the suit premises) was in the occupation of Bhausaheb Patil, the deceased-tenant/original Defendant in RCS No. 444 of 1989. Rent was to be paid at the rate of Rs. 350/- per month, apart from the education cess and the electricity charges.

RCS NO. 444 OF 1989:

3.4 The Plaintiff addressed a notice to the original Defendant asserting that the original Defendant was in arrears of rent and electricity charges since the month of July 1988. Despite service of the notice, the original Defendant failed to comply with the demand therein. Asserting that the original Defendant committed default in payment of rent, and that the Suit premises was required for