VIJAY ANANT GANGAN Vs. ZENABIBI GULAM RASOOL

JUDGEMENT

(1.) This civil revision application challenges a judgment and decree passed by the appellate bench of the Court of Small Causes at Mumbai reversing a decree of dismissal passed by the trial court in an eviction suit and decreeing the suit by ordering eviction of the Applicant herein.

(2.) The facts of the case may be briefly set out as follows :

(3.) By order dated 2 April 2018, this court issued Rule in the CRA, observing inter alia that the CRA raised a moot question as to whether in view of Clause 5 of the lease deed dated 22 January 1968, the appellate court was justified in decreeing the suit under Section 13(1)(e) of the Rent Act. Rule was also issued on interim relief and made returnable, whilst granting ad-interim relief in terms of prayer clause (ii), and making it clear that the court would, at the hearing of Rule on interim relief, consider fixing of compensation. That is how the matter has been placed before me.