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2026 Supreme(Online)(SC) 1652

J.K. Maheshwari, Atul S. Chandurkar, JJ
Maria Martins – Appellant
Versus
Noel Zuzarte – Respondent


Table of Content
1. procedural history and factual background of the eviction dispute. (Para 1 , 2 , 3)

ATUL S. CHANDURKAR, J.

1. Leave granted.

2. The appellant is aggrieved by the order dated 04th February 2025 passed by a learned Single Judge of the Bombay High Court1 in Writ Petition No.1458 of 2003. By the said order, the writ petition preferred by the appellant challenging the reversal of the decree for eviction by the first Appellate Court came to be dismissed.

3. The appellant is one of the legal heirs of Mr. Francis Paul SignatureM Not Vaerifierdtins. According to the legal heirs of Mr. Martins, he was a

Digitally signed by

NIDHI AHUJA Date: 2026.04.16 Reason:

1 For short, “the High Court”

monthly tenant of Room Nos.59 and 63 situated at Iqbal Manzil, Dr. Ambedkar Road, Parel, Mumbai-400 012. Room No.59 had been let out to Mr. Diego Zuzarte, the predecessor of the respondents. He was paying rent to Mr. Martins and was treated as his sub-tenant. On 5th December, 1994, suit for eviction came to be filed under Section 28 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 , For short, the Act by the legal heirs of Mr. Martins. The eviction of the sub-tenant was soug

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