MUKESH KANTILAL WAGHELA Vs. RAJKUMAR SHIVMURAT SINGH

JUDGEMENT

(1.) Applicants have filed this Civil Revision Application challenging the judgment and decree dtd. 19/9/2011 passed by the learned Judge of Small Causes Court decreeing RAE and R Suit No.971/1680 of 2001 and directing Applicants/Defendants to vacate the suit premises and to pay Rs.2381.40 towards rent, property taxes and permitted increases for the period from 1/1/1998 to 31/12/2000. An enquiry into mesne profits from the date of filing of the Suit under Order 20, Rule 12 of the Code of Civil Procedure, 1908, (the Code) it also directed to be conducted. The decree dtd. 19/9/2011 has been unsuccessfully tested before the Appellate Bench of Small Causes Court by filling Appeal No.103 of 2011. The Appellate Bench has however dismissed the Appeal by its judgment and decree dtd. 12/3/2021, which is also subject matter of challenge in the present Application.

(2.) Shop No.1 on Ground floor of the Building No.49, 2 nd Lane, Manaji Rajuji Road, Kamathipura, Mumbai 400 008 admeasuring 21 square feet are the 'suit premises'. Defendants' father was inducted as a monthly tenant in respect of the suit premises for carrying out tailoring business. After demise of the original tenant, Defendants, being his heirs, have been treated as tenants. The rent in respect of the suit premises, according to Plaintiffs, was Rs.66.15 p.m. A notice dtd. 24/1/2001 was served by Plaintiffs on Defendants contending that they were in arrears of rent from 1/4/1993. Plaintiffs also claimed arrears of repair cess at the rate of Rs.14.65 per month from 1/10/1994. Plaintiffs also demanded increase in the rent by Rs.2.50 with effect from 1/4/1994 and further increase of Rs.2.50 with effect from 1/4/1995 and 1/4/1996. Plaintiffs also demanded Rs.15.00 per month from 1/4/1996 towards property taxes. Plaintiffs also demanded increase in the rent at the rate of Rs.3.00 per month from 1/4/1997 and 1/4/1998. They demanded Rs.11.00 per month from 1/4/1998 towards property taxes. Plaintiffs also demanded increased rent by Rs.3.00 per month from 1/4/1999 and Rs.3.50 per month from 1/4/2000. Plaintiffs also demanded Rs.10.00 per month being increase in the property tax from 1/4/2000. This is how Plaintiff demanded total amount of Rs.135.80 per month from Defendants.

(3.) Plaintiffs instituted RAE and R Suit No.971/1680 of 2001 in the Court of Small Causes at Bombay on 5/11/2001. Plaintiffs sought recovery of the possession of the suit premises on the grounds of: