GOPALDAS KHUSHALDAS PARMAR Vs. SANMUKHLAL P SHAH

JUDGEMENT

(1.) Heard Mr. Bhagattjee for the Applicant/Petitioner and Mr. Shah for the Respondent at quite some length.

(2.) This Revision Application takes exception to the Judgment and Order dated 21 st July, 2009 passed by the Appellate Bench of the Court of Small Causes at Mumbai (Bandra Branch) in Appeal No. 52 of 2008, whereby the Appeal filed by the Respondent Tenant was allowed and the Decree for eviction passed by the Trial Court was set aside.

(3.) Certain facts are not in dispute. The relationship of landlord and tenant is not in dispute. Area and description of the suit premises is also not in dispute. On 22 nd November, 2004, the Petitioner had filed RAE Suit No. 58 of 2005 against the Respondent in the Court of Small Causes at Mumbai under Section 33 of the Maharashtra Rent Control Act, 1999 for possession of the suit premises on the ground of reasonable and bonafide requirement and on the ground of non user which is a ground contemplated by Section 16(1) (n) of the said Act. The Trial Court had negatived the ground of bonafide requirement and that was not pressed into service even in the Appeal and in this Court. Hence, I need not discuss the aspect of bonafide requirement.