NAGESH KRISHNAJI KOYALKAR Vs. BALARAM ASHOK MANJAREKAR

JUDGEMENT

(1.) This is a petition filed under Article 227 of the Constitution of India impugning the order dtd. 23/11/2021 of the Appellate Bench of the Small Causes Court at Mumbai in Revision Application No. 39 of 2020 in Exhibit No.37 in pending R.A.D. Suit No.489 of 2016 (the 'said suit') confirming the order dtd. 15/1/2020 passed by the Trial court below Exhibit No.37 in the said suit rejecting Petitioner's application under Order XII Rule 6 of the Code of Civil Procedure, 1908 for a decree on admission.

(2.) The Petitioner is the original Plaintiff in the said suit and the Respondents No.1 to 5 are the landlords against whom the Petitioner has filed the suit for declaration of tenancy in his favour in respect of premises being Room No.5, 2nd floor, Building No.23, Kamathipura, 10th Lane, Mumbai 400 008 (the 'suit premises').

(3.) It is the case of the Petitioner that he is the son of deceased Respondent No.6 alongwith other siblings who are the legal heirs of the original tenant viz. late Shri Krishnaji Mahadeo Koyalkar who was the husband of Respondent No.6 (who died during the pendency of the Revision Application). After the death of the original tenant the rent receipts were transferred in the name of Respondent No.6 as it was claimed that the Respondent No.6 alongwith one of the other legal heirs was paying the rent in respect of the suit premises.