KRISHNAKUMAR HARIPRASAD PANDIT Vs. RASILA NANDLAL BHATT

JUDGEMENT

(1.) This Petition filed under Article 227 of the Constitution of India impugns the judgment and order dtd. 11/11/2021 passed by the Small Cause Court, Mumbai, dismissing the application filed below Exhibit 42 in RAE Suit No.491/839 of 2012 for striking off defence of the Respondents, who are the original Defendants in the suit and also allowing the application filed by the Respondents below Exhibit 49 in the said suit to deposit permitted increases and additional Municipal taxes in the said suit by another order of the same date.

(2.) The Petitioners are heirs and legal representatives of original deceased Plaintiff. The Petitioners claim to be the owners and landlords of the property known as Vimal Cottage, bearing House No.41, situated at S.V. Road, next to Sapna Building, Vile Parle West, Mumbai"400 056. The Respondents are the statutory tenants of Petitioners in respect of a unit comprising of six rooms situated in the said building, being the heirs and legal representatives of deceased tenant Rasila Nandlal Bhatt. The said unit/premises is hereinafter referred to as the 'suit premises".

(3.) Mr.Anil Kumar Patil, learned Counsel for the Writ Petitioners, has submitted that since the Respondents had been in arrears of rent due from 1/11/1999 and permitted increases from 1/11/1974 and were not ready and willing to pay the same though demanded several times and also because the Petitioners required the suit premises for their own use and occupation, reasonably and bonafide, that RAE Suit No.491/839 of 2012 came to be filed against the Respondents on various grounds including default in payment of arrears of rent, permitted increases and taxes, breach of terms of tenancy, committal of acts of waste and other grounds to which written statements have been filed. Issues have also been framed on 1/7/2014. Petitioners were allowed to be substituted in place of the deceased Plaintiff by order dtd. 3/8/2016.