MARIA MARTINS Vs. NOEL ZUZARTE

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is aggrieved by the order dtd. 4/2/2025 passed by a learned Single Judge of the Bombay High Court [ For short, "the High Court"] 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 Martins. According to the legal heirs of Mr. Martins, he was a 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 5/12/1994, suit for eviction came to be filed under Sec. 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 sought on the ground of bonafide need of the family of the principal tenant. It was specifically pleaded that the plaintiffs required the suit premises for their bonafide need so as to occupy the same. In the written statement filed on behalf of the defendants, the case as pleaded was denied.