JYOTI HARSUKHRAI JOSHI Vs. TRIVENIBEN BHIKHALAL BUSA

JUDGEMENT

(1.) Heard Mr. Deo, learned Counsel appearing for the Applicants and Ms. Qureshi, learned Counsel appearing for the Respondents.

(2.) By the present Civil Revision Application, the challenge is to the legality and validity of the Judgment and Decree dtd. 4/11/2025 passed by the learned Appellate Bench, Small Causes Court, Mumbai, in Appeal No.53 of 2013 as also to the Judgment and Decree dtd. 25/10/2013 passed by the learned Judge, Small Causes Court, Mumbai (Bandra Branch), in R.A.E. & R. Suit No.258/528 of 2007. The learned Trial Court has decreed the Suit on the ground of default in payment of arrears of the rent and the learned Appellate Court has confirmed the said decree.

(3.) Perusal of the record shows that the Demand Notice under Sec. 15(1) of the Maharashtra Rent Control Act, 1999 ("Rent Act") has been issued on 14/2/2007. The said Demand Notice has been received by the Defendant i.e. present Applicants on 22/2/2007 and the same was replied through Advocate on 9/3/2007. Thereafter, the Respondents filed R.A.E. & R. Suit No.258/528 of 2007 on 21/6/2007. The summons was served on 4/8/2007 on the Defendant. It is an admitted position that, on 10/3/2008, the Defendant made an application below Exhibit-11 for deposit of rent as contemplated under Sec. 15(1) of the Rent Act. The learned Trial Court as also the learned Appellate Court have held that the said Application dtd. 10/3/2008 is filed beyond time prescribed under Sec. 15(1) and therefore the decree of eviction is passed.