NAZIM SHAIKH HASAN Vs. NASIR MUSHTAQ SHAIKH

JUDGEMENT

(1.) The present Special Leave Petition calls in question the judgment dtd. 1/4/2026 passed by the High Court of Judicature at Bombay in Civil Revision Application No.280/2024, whereby the High Court dismissed the revision application of the petitioner and upheld the judgment and order of the First Appellate Court which affirmed the order of the Small Causes Court whereby the petitioner was directed to vacate and handover the suit premises to the respondents ' predecessor - Jainbi Mushtaq Shaikh.

(2.) For the proper disposal of the Special Leave Petition, the parties are being referred by their position in Civil Suit No.384/2010.

(3.) Shorn of unnecessary details, the facts lay thus: the respondents ' predecessor - Jainbi Mushtaq Shaikh owned a shop on the ground floor of the building admeasuring 200 sq.ft bearing House No.3031, S.No.51, Mitha Nagar, in front of Vishwakarma Building, Kondhwa Khurd, Pune [Hereinafter referred to as the "Suit premises"]. Admittedly, the suit premises was let to the petitioner/defendant at a monthly rent of Rs.1500.00. While the tenancy was subsisting, the original plaintiff agreed to sell the suit premises to the petitioner/defendant, consequently, this culminated into an agreement to sell dtd. 21/9/2004. Pursuant to the stipulations laid in the agreement to sell, the petitioner/defendant paid Rs.40,000.00 out of the total consideration of Rs.1,90,000.00 and the residual consideration of Rs.1,50,000.00 was to be paid within three months.