ANITA DOMINIC DSOUZA Vs. SHAIKH ABDUL RAUF

JUDGEMENT

(1.) This Interim Application is filed by Applicant/Landlord/Original Plaintiff, seeking a prayer to direct the tenant to deposit market rent in this Court pending the hearing and final disposal of the Civil Revision Application.

(2.) The suit filed by the Landlord for eviction was decreed by the Trial Court. Being aggrieved by the order of eviction tenant filed Appeal before Appellate Bench of the Court of Small Causes at Bombay. During the pendency of the Appeal before the Appellate Bench, the tenant was directed to deposit market rent as per the ratio laid down by the Supreme Court in case of Atma Ram Properties Vs. Federal Motors, reported in (2005) 1 SCC 705. However, the Appellate Bench reversed the decree and set aside the eviction decree. Hence, Civil Revision Application is filed by Landlords in this Court u/s. 115 of CPC challenging the impugned judgment and order passed by the Appellate Bench of the Court of Small Causes.

(3.) The Civil Revision Application was "Admitted" on 29/6/2022 after hearing both the sides. Mr. Sabrad appearing for Landlord, submitted that the landlord has a good case on merits and hence he will succeed in the present Civil Revision Application at the time of hearing. Mr. Sabrad further submitted that the suit was filed on the ground of bonafide requirement and even though the decree was passed by the Trial Court, the Appellate Court has without considering the legal position, reversed the decree passed by the Trial Court. He therefore, contended that it is necessary that the tenant be directed to continue to deposit market rent before this Court. In support of his argument, he cited the Supreme Court judgment of Atmaram Properties (supra).