EVA DRDAKOVA Vs. KHEMKA EXPORTS PRIVATE LTD

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard by consent of the learned Counsel for the Applicants and Respondent and the Intervenor.

(2.) The learned Advocate for the Respondent and Intervenor waives service of Rule.

(3.) The original Defendants in R.A.D. Suit No. 1913 of 2007 have filed this Revision Application under section 115 of the Code of Civil Procedure, 1908. The Respondent has filed the said Suit in the Court of Small Causes Court for a declaration of alleged tenancy, alleged to have been protected under the provisions of Maharashtra Rent Control Act, 1999 and for consequential relief of mandatory and permanent injunction. The Trial Court by its Judgment and Order dated 18.12.2007, rejected the Plaint by exercising powers under Order VII Rule 11 of the Code of Civil Procedure, 1908 by relying on the provisions of Section 86 of the Code. Appeal No. 24 of 2008 filed by the Respondent/ Plaintiff has been allowed by the impugned Judgment and Order dated 6.5.2009. The Petitioner had initially filed W.P. No. 6129/2009 in which written submissions were filed by the Respondent. By order dated 1.4.2010, the Writ Petition No. 6129 of 2009 has been allowed to be converted in a Civil Revision Application.