STANISLAUS J. T. DSOUZA Vs. FEDERICK CYRIL BRAGANZA

JUDGEMENT

(1.) This Petition under Article 227 has been filed assailing order dtd. 10/02/2020 whereby learned Appellate Bench, Small Causes Court dismissed the Civil Revision Application No.35 of 2020 and thereby confirmed the order dtd. 16/11/2019 passed by learned Small Causes Court, Mumbai rejecting Application for amendment of written statement and appointment of Commissioner.

(2.) The Respondents are the legal representatives of the original Plaintiff-Joanita Braganza (hereinafter referred to as the 'Plaintiff'). The Petitioners are the legal representatives of the original Defendant - Stanislaus J.T. D'Souza (hereinafter referred to as 'the Defendant').

(3.) The dispute is in respect of premises being flat No.F/4 in building Fairville Estate, Plot No.68, Juhu, Vile Parle. The said premises (hereinafter referred to as 'the suit premises') admeasures 670 sq. feet and comprises of 02 bedroom, hall and kitchen with 02 sanitary blocks. The Plaintiff is the owner of the suit premises. In the year 1972, the Plaintiff had entered into a leave and license agreement in favour of the Defendant and put him in possession of the suit premises. In the year 1994, the Plaintiff filed a suit for eviction inter alia on the ground of bonafide requirement and non payment of rent. The Plaintiff claims that despite being the owner of the suit premises, she and her family members are constrained to reside in a tenanted premises at Byculla, which is insufficient to accommodate the large family. The Plaintiff also claimed that the Defendant had failed and neglected to pay the rent.