NAJABAT NABIBUX Vs. MUNNIBAI ALIAS KULSUM

JUDGEMENT

(1.) THIS petition is directed against the judgment and order dated 9th November 1989 passed by the 7th Additional District Judge, Thane, in Civil Appeal No. 29 of 1987; whereby the judgment and decree for possession, dated 12.8.1986, passed by the 2nd Joint Civil Judge, JD, Bhiwandi, in Regular Civil Suit No. 240/79, was confirmed.

(2.) THE facts giving rise to the filing of this petition are as under : The present petitioners were the original defendants, whereas the present respondent was the original plaintiff in the suit. The parties are referred to in this judgment in their original capacity for the sake of clarity.

(3.) THE Civil suit seeking possession of the suit premises was filed under the provisions of Bombay Rent Hotel and Lodging Houses Rates Control Act, 1947 (Bombay Rent Act for short). It was alleged in the suit that the defendants had carried out permanent construction in the suit premises without written permission of the landlord/plaintiff. After death of father of defendant Nos. 1 and 2, the present defendant Nos. 1 to 3 became statutory tenants and are occupying the suit premises. The allegations made in the plaint were that without permission of the plaintiff the defendants constructed Potmala, on the northern Gala of the suit premises. This newly constructed Potmala (Loft) was divided into two parts. The defendants converted it into two separate rooms and started using the same for their residence. it was also alleged that on the southern Potmala, defendants erected partition and converted it into two separate rooms and the defendant Nos. 1 and 2 both are living separately in these two rooms.