MARIA FERNADES Vs. ISMAIL NASJID KUMTE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and taken up for final hearing with consent of the parties.

(2.) The revisional jurisdiction of this Court has been invoked to challenge the concurrent findings of the trial Court and the Appellate Court decreeing the suit for eviction filed by the respondent. By the impugned judgment dtd. 23/10/2021 passed in Appeal No.18 of 2012, the Appellate Bench has confirmed the Judgment and order dtd. 24/2/2012 passed by the trial Court in RAE Suit No.840 of 2001. For the sake of convenience, the parties are referred to by their status before the trial Court.

(3.) RAE Suit No.840 of 2001 was instituted seeking ejectment of the defendant on the ground of bonafide requirement, permanent alteration and additions without consent of the plaintiff and non-user of the premises for continuous period of six months immediately preceding the date of suit. The suit premises as described in the plaint is a single room tenement bearing Room No.4 admeasuring about 10 x 16 sqr.ft. having height of 12 feet on the front side and on the rear side 16 feet from ground level which was let out to the original defendant on the monthly rent of Rs.55.00. That, the plaintiff is the owner and landlord of Chawl known as 'Moin Manzil' which comprised of 16 single room tenements and the suit premises is situated in the said Chawl.