JAYPRAKASH DNYANDEO NARKAR Vs. DAMJI RAMJI SHAH

JUDGEMENT

(1.) Civil Revision Application No. 224 of 2024 is filed challenging the Judgment and Decree dtd. 9/2/2024 passed by the Appellate Bench of the Small Causes Court, Mumbai dismissing the Appeal No. 301 of 2022 and confirming the Judgment and Decree dtd. 21/10/2022 passed by the Small Causes Court in R.A.E. Suit No. 804/1624 of 1996. The R.A.E. and R. Suit No. 804/1624 of 1996 was filed by Plaintiffs seeking eviction of Defendants on various grounds inter alia of nuisance and annoyance and bonafide requirement of landlords. The Small Causes Court has decreed Suit of Respondent Nos. 1 to 3/Plaintiffs and has directed Applicant and Respondent Nos. 4 to 7 (original Defendants) to vacate the suit premises and handover possession thereof to the Plaintiffs.

(2.) Plaintiffs had instituted another Suit bearing No. R.A.E. and R. Suit No. 599/889 of 2009 against Defendants seeking their eviction in respect of very same suit premises on the ground of non-user. Said R.A.E. and R. Suit No. 599/889 of 2009 has been decreed by the Small Causes Court by Judgment and Decree dtd. 8/1/2024, which is subject matter of challenge in Appeal No. 46 of 2024 filed before the Appellate Bench. Original Defendant No. 1/Petitioner filed application for stay of the decree, which has been rejected by order dtd. 10/4/2024, which is subject matter of challenge in Writ Petition No. 6730 of 2024.

(3.) Briefly stated, facts of the case are that Plaintiffs purchased various buildings including Building No. 433-451 situated at Sheetal Estate, M.S. Ali Road, Grant Road, Mumbai- 400 007. Plaintiffs are owners of about 10 to 12 buildings in the compound popularly known as 'Sheetal Estate'. Defendants are tenants in respect of Shop No. 2 situated in building No. 433-451 in Sheetal Estate on monthly rent of Rs.916.00 inclusive of permitted increases. Said Shop No. 2 is the suit premises in respect of both the suits. Originally Dnyandeo Narkar was the tenant in respect of the suit premises. After death of Dnyandeo Narkar, Defendants, who are heirs of said Dnyandeo Narkar claim tenancy in respect of the suit premises. It appears that a chemist shop was being run in the suit premises by name M/s. Novelty Chemist earlier by Defendants' father -Dnyandeo Narkar and subsequently by Defendants.