ASPI JAL Vs. KHUSHROO RUSTOM DADYBURJOR

JUDGEMENT

(1.) The Plaintiffs-Petitioners, aggrieved by the order dated 9th February, 2012 passed by the Bombay High Court in Writ Petition No. 7653 of 2011, affirming the order dated 6th July, 2011 passed by the Court of Small Causes at Mumbai, in R.A.E. Suit No. 173/256 of 2010 whereby it has stayed the proceedings in R.A.E. No. 173/256 of 2010 till the decision in R.A.E. Suit No. 1103/1976 of 2004 and R.A.E. Suit No. 1104/1977 of 2004, have preferred this Special Leave Petition under Article 136 of the Constitution of India.

(2.) Leave granted.

(3.) The Plaintiffs claim to be the owner of the building known as " Hanoo Manor" situate at Dadyseth 2nd Cross Lane in Chawpatty area of the city of Mumbai. According to the Plaintiffs, in one of the flats of the said building admeasuring 1856.75 sq.ft. situate on the second floor, Defendant's father, Rustom Dady Burjor (since deceased)was inducted as a tenant on a monthly rent of Rs. 355/-. The Plaintiffs filed a suit for eviction from the tenanted premises against the Defendant being R.A.E. Suit No. 1103/1976 of 2004(hereinafter to be referred to as the "First Suit") before the Small Causes Court on 6th November, 2004 on the ground of bona fide requirement for self occupation and acquisition of alternate accommodation by the Defendant. The Plaintiffs thereafter filed another suit being R.A.E. Suit No. 1104/1977 of 2004 (hereinafter to be referred to as the "Second Suit") on the same day in the Small Causes Court for eviction of the Defendant on the ground of non-user for several years before the institution of the suit. The Plaintiffs during the pendency of the aforesaid two suits, chose to file yet another suit bearing R.A.E. Suit No. 173/256 of 2010 (hereinafter to be referred to as the "Third Suit") on 22nd February, 2010 for eviction of the Defendant on the ground of non-user for a continuous period of not less than six months immediately prior to the institution of the suit.