BABARJIT SINGH HARI SINGH Vs. DIVAKAR VISHWANATH SURVE

JUDGEMENT

(1.) Applicants have filed Civil Revision Application challenging the judgment and order dtd. 1/11/2023 passed by the Appellate Bench of the Small Causes Court allowing Appeal No. 100 of 2017 filed by Plaintiffs-landlords and setting aside the judgment and decree dtd. 9/10/2015 passed by the Small Causes Court by which R.A.E. Suit No.1303/1949 of 2009 was dismissed. The Appellate Bench has decreed the suit directing that tenancy of the Applicants/Defendants over the suit premises is terminated on the ground of subletting under Sec. 16(1)(e) of the Maharashtra Rent Control Act, 1999. The Applicant/Defendants are directed to handover vacant possession of the suit premises to the Plaintiffs. The Appellate Bench has also directed conduct of enquiry into mesne profits under Order 20 Rule 12 of the Code of Civil Procedure, 1908 from the date of the decree till the actual delivery of possession of the suit premises.

(2.) Plaintiffs/Respondents are owners and landlords of the building known as Daji Pandurang Bhavan, Plot No.472-A, Kings Circle, Mumbai-400 019. One Hari Singh Ujjagar Singh was the original tenant in respect of the suit premises bearing Block No.3 admeasuring 44.64 sq. mtrs in the said Daji Pandurang Bhavan building. The said Hari Singh Ujjagar Singh did not have any issues. Applicant No.1/Defendant No.1- Babarjit Singh was born on 5/8/1956 to the sister of Hari Singh. It is Applicants' case that Defendant No.1 started residing in the suit premises alongwith Hari Singh and his wife since the year 1968 as their family member and that Defendant No.1 was treated as the adopted son of Hari Singh. Applicants claim that in the year 1978, the brother of the first Defendant-Mahabir Singh, alongwith his wife (Kuldeep Kaur) and sonGurpreet Singh started residing in the suit premises alongwith Hari Singh's family and the First Defendant. That Defendant No.4-Harpreet Singh was born to Defendant No.2 and Mahabir Singh in the suit premises in the year 1979. That both Defendant Nos. 3 and 4 are disabled. After the death of Mahabir Singh, Defendant Nos. 2 to 4 continued residing in the suit premises as family members of tenant-Hari Singh.

(3.) On 22/1/1981, R.A.E. Suit No. 411 of 1981 was filed by the landlords against Hari Singh on the ground of illegal subletting in addition to some other grounds. It is the case of the Applicants that on 29/11/1983, Ration Card was issued in the name of Hari Singh, Babarjit Singh, Indrajit Singh (wife of Babarjit Singh), Kuldeep Kaur and her children, as well as son of Babarjit Singh. In January 1986, the original tenant-Hari Singh passed away. His widow also passed away in 1987. Applicants claim that they continued to reside in the suit premises. On account of Hari Singh's death, R.A.E. Suit No. 411 of 1986 was dismissed as abated on 26/7/1986.