LAWS(BOM)-2023-2-279

N.M.H.BEEDIWALE Vs. TULSIDAS G.NAIK

Decided On February 16, 2023
N.M.H.Beediwale Appellant
V/S
Tulsidas G.Naik Respondents

JUDGEMENT

(1.) Heard Mr.Vibhav Amonkar for the petitioners and Mr.Gaurish Agni for the respondent. Mr.Nadeem Beediwale, petitioner no.1(a), was present in the Court and also interacted with the Court.

(2.) Rule. The rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties.

(3.) The challenge in this petition is to the Judgment and Order dtd. 12/10/2016 made by the Appeal Court dismissing the petitioners' application for condonation of delay of about 14 months in instituting an appeal against the Judgment and Order dtd. 11/5/2015 ordering petitioners' eviction from the suit premises. The eviction was ordered on the ground of non-payment of rent. The Petitioners' defence was that the rent of Rs.400.00 was regularly paid. But some dispute arose when the landlord demanded Rs.600.00 and refused to accept the contractual rent.