ANIL Vs. JASHRATH AND ORS.

JUDGEMENT

(1.) The present Revision Application has been filed by Petitioner Anil Gangekar who was Defendant No.1 in Regular Civil Suit No.41 of 1986 filed by Respondent Nos. 1 to 8. On death of some of the original plaintiffs, their legal heirs were brought on record. Respondent No.9 was original Defendant No.2 who was arrayed in the suit along with the present Applicant as tenant in the suit premises. The suit was decreed against the present Applicant and Respondent No.9 original Defendant No.2 (hereafter referred as "Defendants"). Respondent Nos.10, 11 and 12 were formally arrayed as Defendant Nos.3 to 5 in the suit by the Plaintiff as they were not available to sign the plaint when the suit was filed. I will refer to contesting Landlords as Plaintiffs.

(2.) The suit was brought by the Plaintiffs on various grounds but came to be decreed only on the ground of non use of the suit premises without reasonable cause, for the purpose for which the same were let for continuous period of six months preceding the date of suit (which was filed on 16th January 1986) under Section 13(1)(k) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ("Bombay Rent Act" in brief), against Defendant No.1. The claim of the Plaintiff that suit premises were sublet to Defendant No.2 was not accepted by the trial Court. The Applicant Defendant No.1 filed Regular Civil Appeal No.87 of 2006. The Appeal came to be dismissed and cross objections filed by the Plaintiffs were also dismissed. Against the Judgment and orders passed by the First Appellate Court, the present Revision Application has been filed by the Applicant original Defendant No.1.

(3.) Brief narration of relevant facts for deciding the present Revision Application is necessary.