VIRENDRA KASHINATH RAVAT Vs. VINAYAK N JOSHI

JUDGEMENT

(1.) Leave granted.

(2.) Appellants are landlords of one Ms. Shanta Sabnis. A building situate at Benham Hall Lane, Girgaum, Mumbai is owned by the appellants and was let out to the aforementioned Shanta Sabnis. Appellants succeeded in obtaining an order of eviction from the Court of Small Causes, Bombay on the ground, inter alia, that the premises were sub-let to respondents 1 and 2. That order was confirmed in appeal. But the High Court of Bombay interfered with it under Article 227 of the Constitution of India and quashed the decree for eviction. Hence, the landlords have filed the Special Leave Petition.

(3.) Some more facts are these: Shanta Sabnis, the original tenant, died and her mother, who was living with her, also died later. Second respondent claimed to be the daughter of Shanta Sabnis. Appellants filed a suit for eviction on different grounds, main among them was that the premises were sub-let to the fourth respondent (who was third defendant in the suit). During the pendency of the suit landlords got the plaint amended for incorporating a further allegation that first respondent and his sister were inducted into the building after institution of the suit without the consent of the landlords.