NATWARLAL MOHANLAL PANDYA Vs. SHAMLAL RAMNATH LAHOTI

JUDGEMENT

(1.) By the present Revision Application under Section 115 of the Civil Procedure Code, the revision applicants/tenants have impugned Judgment and Order dated 26th April 2019 passed in Regular Civil Appeal No. 97 of 2016, by the learned District Judge-6, Thane, dismissing the said appeal and confirming the Judgment and Order dated 30th November 2015 passed in Regular Civil Suit No. 707 of 2010 by the learned Civil Judge Junior Division, Bhiwandi, decreeing the Suit filed by the respondent for eviction of the applicants from the suit premises under the provisions of the Maharashtra Rent Control Act, 1999 (for short, "the said Act").

(2.) Heard Mr. Inamdar, learned counsel for the revision applicants and Mr.Datar, learned counsel for the respondent. Perused the entire record annexed to the revision application.

(3.) The record reveals that, the respondent-landlord had filed Regular Civil Suit No. 707 of 2010 for eviction of the applicants on the ground of arrears of rent, bonafide and reasonable requirement, change of user and subletting of the suit premises by the applicant No.1 in favour of the applicant No.2. The Trial Court framed issues below Exhibit-11. After recording evidence of witnesses and hearing the parties thereto, the Trial Court decreed the said Suit filed by the respondent by its Judgment and Order dated 30 th November 2015 and directed the applicants to deliver vacant and actual possession of the suit premises as described in para No.1 of the plaint to the respondent within a period of three months from the date of passing of the said Order. The Trial Court has also directed to conduct a separate enquiry in respect of mesne profit as contemplated under Order 20 Rule 12 of the Civil Procedure Code from the date of filing of the Suit till actual delivery of possession. The applicants are unsuccessful before the appellate Court and their Regular Civil Appeal No. 97 of 2016 has been turned down with costs by the learned District Judge-6, Thane by its impugned Judgment and Order dated 26th April 2019.