AJMERA ENTERPRISES Vs. DILIPKUMAR RAMESHCHANDRA PATEL

JUDGEMENT

(1.) This Civil Revision Application challenges impugned judgment and decree dtd. 30/9/2021 passed by the Appellate Court on the ground of 'non-user'.

(2.) The suit premises is a commercial premises i.e. Room No.C/ F1, 1stFloor, 'C' Building on Plot No. 1, Prabhat Nagar, admeasuring 3,600 sq. ft. situated at Jogeshwari, Mumbai, in a building which is ground plus two storey. The suit premises is on the first floor. Admittedly, as of today there is no electricity in the suit premises.

(3.) The suit was filed by the landlord for eviction on the ground of non-user of the suit premises, which is a commercial premises. The Trial Court framed two Issues. The first issue was regarding 'non-user' of the suit premises, and second issue was 'whether the plaintiffs were entitled to file a suit for possession?' The Trial Court answered Issue no.2 in favour of the plaintiffs/landlords and held that the plaintiffs had a right to file a suit. As regards the issue of 'non-user', the same was answered in negative and the Trial Court dismissed the suit.