UMA RAMJI TIWARI Vs. ASHOK MANILAL DUBEY

JUDGEMENT

(1.) The revisionary jurisdiction of this Court is invoked to set up a challenged to the judgment and decree dtd. 24/3/2022 passed by Appellate Bench of the Small Causes Court dismissing Applicant's Appeal No. 93 of 2019 and confirming the eviction decree dtd. 11/3/2019 passed by the Learned Judge of the Small Causes Court in R.A.E. & R. Suit No. 113/355 of 1994.

(2.) I have heard Mr. Chaturvedi, the learned counsel appearing for the Applicant and Vinay Ashok Dwivedi-Respondent No.1a in person. I have considered the submissions canvassed by them and have also gone through the findings recorded by the Trial and the Appellate Courts as well as the documents and evidence placed on record.

(3.) It appears that the suit was initially filed by the Respondents/Plaintiffs seeking recovery of possession of the suit premises on the ground of non-user, change of user, default in payment of rent, unauthorized additions and alterations, acquisition of suitable alternate accommodation and commission of acts contrary to Sec. 108(o) of the Transfer of Property Act, 1882. The Trial Court accepted the grounds of non-user, change of user, default in payment of rent, unauthorized additions and alterations and acquisition of suitable alternate accommodation. The Trial Court however rejected the ground of commission of acts contrary to provisions of Sec. 108(o) of the Transfer of Property Act, 1882 read with Sec. 13(1)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay Rent Act). The Trial Court directed the Applicant/Defendant to hand over possession of the suit premises to the Plaintiff with further direction for conduct of enquiry into mesne profit under Order 20 Rule 12 of the Civil Procedure Code.