SHAIKH ZAFFAR ABID Vs. IFTEQAR AHMED

JUDGEMENT

(1.) The applicants who were the original defendants had preferred this revision against the judgments and decrees of the eviction of the suit shop, passed by the learned Civil Judge Junior Division, Aurangabad, in Rent Suit No.13 of 2005 dtd. 16/9/2011 and the judgment confirmed by the learned Principal District Judge, Aurangabad in Rent Appeal No.17 of 2011, dtd. 8/10/2013.

(2.) Applicants nos. 1 and 2 will be referred to as 'tenants', applicants nos.3 and 4 will be referred to as "sub-tenants", and the respondent will be referred to as 'landlord'.

(3.) A few material facts to adjudicate the dispute were that the landlord had filed a suit for eviction against the tenants and sub- tenants. The tenants and the sub-tenants are the real brothers. The suit shop was situated at Manzoorpura, Aurangabad, bearing Municipal House No. 1/27/34 (New) and 3/81/42. Syed Ehtesham Ahmed Razzaqui was the original landlord. He rented the suit shop to the tenants to run a business. They were running the workshop in the suit shop. The present respondent/landlord was one of the legal heirs of the original landlord. After the demise of the original landlord, the present landlord claimed that the tenants were paying him rent. Hence, he is the landlord as defined under the Maharashtra Rent Control Act, 1999 ("M.R.C. Act" for short). Therefore, the other legal heirs of Ehtesham were not necessary parties to the suit. Initially, it was projected that sub-tenants were the tenants' employees. However, on making detailed enquiries, the landlord learnt that the tenants had sublet the suit shop. Both tenants had separated their business at another place for the last 20-25 years. They do not have control over the business run in the suit shop.