NARENDRA Vs. SHRIKRISHNA

JUDGEMENT

(1.) Heard Mr. J.M. Gandhi, learned counsel for the petitioners in Writ Petition No.2529/2021 and Mr. R.M. Bhangde, learned counsel for the petitioners in Writ Petition No.2310/2021 and Mr. C.S. Samudra, learned counsel for the respondent. Rule. Rule made returnable forthwith with the consent of the learned counsel for the rival parties. Advocate Mr. C.S. Samudra waives service of notice for the respondent on merits.

(2.) Writ Petition No.2529/2021, challenges the judgment and decree for eviction as passed by the learned Small Causes Court under Sec. 16(1)(g) of the Maharashtra Rent Control Act, 1999, dtd. 22/04/2017 in Regular Civil Suit No.371/2014 (Shri Shreekrishna s/o Prafulla Buty Vs. Shri Narendra s/o Nirmal Kumar Jain and another), granting eviction, which has been confirmed by the learned Appellate Court, by the judgment and decree dtd. 30/03/2021 in Regular Civil Appeal No.381/2017, (Narendra s/o Nirmalkumar Jain and another Vs. Shrikrishna s/o Prafulla Buty). Writ Petition No.2529/2021, also challenges the order dtd. 30/03/2021 as passed by the learned Appellate Court, below Ex.45, 49, 50 and 53, which sought to bring subsequent events on record of the respondent/landlord having instituted proceedings for eviction and fair rent against his other tenants. Writ Petition No.2310/2021, challenges the judgment and decree for eviction as passed by the learned Small Causes Court under Sec. 16(1)(g) of the Maharashtra Rent Control Act, 1999, dtd. 22/04/2017 in Regular Civil Suit No.370/2014, (Shri Shreekrishna s/o Prafulla Buty Vs. Shri Sudhir s/o Nirmal Kumar Jain and another), granting eviction, which has been confirmed by the learned Appellate Court, by the judgment and decree dtd. 30/03/2021 in Regular Civil Appeal No.382/2017 (Sudhir S/o Nirmalkumar Jain and another Vs. Shrikrishna S/o Prafulla Buty). Writ Petition No.2310/2021, also challenges the orders dtd. 30/03/2021 as passed by the learned Appellate Court, below Ex.42, 46, 47 & 50, which sought to bring subsequent events on record of the respondent/legal representatives having instituted proceedings for eviction and fair rent against his other tenants.

(3.) Though arguments have been advanced on merits by the learned counsels for both the sides, however, without going into the merits of those arguments, as any discussion would cause prejudice to either of the parties, as I am remanding the matter back to the learned Appellate Court, I am not going into the merits and demerits of them.