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2019 Supreme(SC) 556

ASHOK BHUSHAN, K.M.JOSEPH
Nilesh Laxmichand – Appellant
Versus
Shantaben Purushottam Kakad – Respondent


Advocates Appeared:
For the Petitioner:Mr. Mayil Samy K., Mr. Nihangam R. Maurya, Mr. G. Ananda Selvam, Mr. K. Muthu Ganesa Pandian, Mr. P. Soma Sundaram, Advocate
For the Respondent:Mr. Anirudh Joshi, Mr. Mahesh Agarwal, Mr. Abhinav Agrawal, Mr. Himanshu Satija, Mr. E. C. Agrawala, Advocate

JUDGMENT :

K.M. JOSEPH, J.

1. This appeal by special leave is directed against the Order dated 24.09.2018 passed by the High Court of Bombay in Civil Revision Application No. 29 of 2018. By the impugned Order, the Revision Application filed by the appellants challenging the Order of the Appellate Bench of the Small Causes Court at Bombay in Appeal No. 19 of 2013 has been dismissed. Thereby the result is that the suit filed by the respondents for eviction of the appellants under Section 16(i)(c), 16(i)(e) and 16(1)(n) of the Maharashtra Rent Control Act, 1999 (hereinafter referred to as ‘the Act’, for short), has been decreed against the appellants.

2. The original RAE Suit No. 1681 of 2006 was filed by one Shantaben Purushottam Kakad (the respondents in this appeal are the legal representatives of the original aforesaid plaintiff). The rented premises consisted of a shop on the ground floor of the building. The case of the plaintiff, inter alia, is as follows (parties will be referred to in the position before the Trial Court):

The first defendant took the premises on rent for the purpose of carrying out business of bookshop and he, the first defendant, has, since the inception, been c
































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