NOOR KABIRDIN MEGHANI Vs. SANJEEV MANUEL DSOUZ

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With consent of the parties, matter is taken up for fnal hearing at the stage of admission itself.

(2.) Petitioners, are defendants in Eviction Suit No.272/5824 of 2004, instituted by the respondent no.1. Pending suit, the learned Trial Court granted leave to amend the plaint, vide order dated 2nd December, 2019. Felt aggrieved, petitioners had preferred Miscellaneous Civil Appeal. The Appellate Bench dismissed, the appeal on the ground that appeal was not maintainable-in- law. Thus, aggrieved defendants have approached this Court under Article 227 of the Constitution of India.

(3.) Back-ground facts as approached by the petitioners are as under: Sanjay M. D'Souza (respondent/plaintif) through his constituted attorney, Ms. Maria M. D'Souza (mother) let out suit premises to the petitioners/defendants under writing dated 28th May, 1994. In 2004, respondent instituted the eviction suit for breach of clause (v) of the writing dated 28th May, 1994 for sub-letting the possession of the suit premises to a third party. In paragraph 4 of the plaint, plaintif averred that in 2002, defendants had unlawfully and without plaintif's consent, inducted a third party in the suit premises, taking advantage of absence of plaintif from India. Thus, alleged, defendants have committed breach of the terms and conditions of tenancy and hence, plaintif is entitled to recover possession under Section 16(1)(e) of the Maharashtra Rent Control Act, 1999. Yet another ground on which eviction is sought is that defendants, without plaintif's consent, in writing, erected on the suit premises a permanent structure. Besides, also alleged that premises have not been used without reasonable cause for the purpose for which they were let for a continuous period of six months immediately preceding the date of the suit. Written Statement: