CECILIA M. DSOUZA Vs. JENIE JAMES DSILVA

JUDGEMENT

(1.) Revisionary jurisdiction of this Court is invoked by the Applicant to set up a challenge to the judgment and order dtd. 29/6/2024 passed by the Appellate Bench of the Small Causes Court dismissing A1-Appeal No. 49 of 2018 and confirming the decree passed by the Trial Court in R.A.E. & R. Suit No. 404/759 of 2009. By decree dtd. 15/3/2018, the Small Causes Court has accepted the grounds of arrears of rent, unauthorised additions and alterations and bonafide requirement and has directed the Defendant to handover possession of the suit premises to Plaintiff.

(2.) Plaintiff is a landlady and owner of a plot of land with a structure standing thereon situated at House No. 52A, Vakola Village, Santacruz (East), Mumbai 400 055. The Defendant was inducted as a tenant in respect of room on the ground floor, admeasuring 335 sq.ft., which forms the 'suit premises'. Plaintiff alleged that the Defendant failed and neglected to pay rent in respect of the suit premises @ Rs.75.00 per month from January -2008 and was in arrears of Rs.1575.00. The Plaintiff therefore addressed notice dtd. 12/6/2009 to the Defendant terminating the tenancy of the suit premises and also called upon Defendant to pay the arrears of rent for the period from January-2008 to June -2009 of Rs.1,260.00 alongwith 15% interest. Upon receipt of notice, Defendant responded alongwith a cheque, which was not encashed by the Plaintiff. Plaintiff thereafter instituted R.A.E. and R. Suit No. 404/759 of 2009 in the Court of Small Causes at Mumbai seeking recovery of possession of the suit premises on the ground of arrears of rent. Plaintiff also alleged that the Defendant made unauthorised additions and alternations as well as structural changes to the suit premises and had unauthorisedly and illegally extended the suit premises on eastern side by encroaching upon the open space. It was alleged that Defendant enclosed the open verandah of suit premises and affixed grills without the permission and consent of the landlady. The Plaintiff also alleged the ground of nuisance and annoyance. Plaintiff also averred that she was in requirement of suit premises for her bonafide and reasonable need as she has two grown up sons and premises in her possession of 200 sq.ft. adjoining the suit premises, were not sufficient to cater to the needs of her growing family. Plaintiff averred that Defendant was staying in the suit premises alone as her sons are settled in Pune. Plaintiff therefore set up a case of cause of greater hardship to herself in the event of suit being dismissed than the one caused to the Defendant in the event of decree of the Suit.

(3.) The Defendant appeared in the Suit and filed written statement contesting the claim of Plaintiff. On 16/1/2010 Defendant applied for permission to deposit the arrears of rent, which application was allowed on 3/7/2010 and the Defendant was permitted to deposit arrears of rent of Rs.1575.00 within 15 days. The Defendant was also granted leave to deposit costs of the Suit and interest @ 15% on arrears of rent. On 15/7/2010, Defendant deposited the arrears of rent from January 2008 to August 2010 amounting to Rs.2,400.00 and interest @ 15% per annum amounting to Res.330/- as well as Rs.382.00 towards costs of the Suit.