SHEKHAR NARAYAN SHETTY Vs. MADHAVLAL PITTIE

JUDGEMENT

(1.) Rule.

(2.) The Respondent No.1 is appointed as a receiver by order of this Court dated 21 July 1967 in respect of property known as Shivlal Motilal Mansion/Compound, comprising of several buildings, bearing Municipal House Nos. 1 to 23 at Dr. Bhadkamkar Marg ,Bombay Central, Mumbai. One Simon Pinto was a tenant of Room No.1, Flat No. E22 on third floor of the building . Respondent Nos. 2 and 3 are heirs of the said Simon Pinto. Respondent No.1landlord filed R.A.E. Suit No. 1569/1998 in the Small Causes Court, Mumbai. Suit was filed on the ground that Respondent Nos. 2 and 3 sublet the suit premises in favour of the applicant. It was also contended that the applicant thereafter carried out various additions and alterations of permanent nature without the consent of Respondent No.1. The learned Small Causes Court by its judgment and decree dated 10 August 2006 decreed the suit. Thereafter the applicant filed an Appeal No. 565/2006 before the Appeal Bench of the Small Causes Court.

(3.) After the Appeal was heard by the Appeal Bench, on 7 May 2014 ,the Appeal Bench comprising of Mr. S.B. Gabhane, Additional Chief Judge and Mr. H.M. Bhosale, Judge ,gave two differing judgments. Mr. S.B. Gabhane allowed the appeal and set aside the order of the Small Causes Court, while Mr. H.M. Bhosale dismissed the appeal. The matter was refereed to the third judge in view of Section 98 of the Code of Civil Procedure r/w Section 11 of the Presidencies Small Causes Court Act, 1882. Mr. Yogesh Rane, Additional Chief Judge,as a third judge by judgment and order on 16 December 2014 dismissed the appeal. Thereafter the present revision application is preferred, challenging the judgment and order dated 16 December 2014.