RAJENDRA GANGADHAR PATIL Vs. BHANUPRAKASH BHERUMAL KHANDELWAL

JUDGEMENT

(1.) This revision application is directed against a judgment and decree dtd. 26/3/2021 passed by the Appellate Bench of the Court of Small Causes in Appeal No.60 of 2011, whereby the Appellate Bench was persuaded to allow the appeal preferred by the deceased respondent Nos.1 and 2 (the landlords) against the judgment and decree in RAE&R Suit No.230/393 of 2000 dismissing the suit, and instead decree the said suit for eviction of the applicant on the ground of carrying out additions and alterations of permanent nature without the consent of the landlords.

(2.) The background facts necessary for determination of the revision application can be stated in brief as under:

(3.) The defendant resisted the suit. The very tenability of the suit on the very grounds on which the previous suit was instituted and disposed in view of the consent terms between the parties, was called in question. It was contended that the plaintiffs had instituted the suit with an oblique motive to deprive the defendant of the benefit of the permanent alternate accommodation which was agreed to be given to the defendant, and has been extended to the other occupants of the larger property. The plaintiffs constructed a new building comprising of ground+6 upper floors on the portion of the larger property and, despite assurance, failed and neglected to enter into an agreement for permanent alternate accommodation with the defendant. With a view to defeat the legitimate claim of the defendant, the plaintiffs in connivance with the officers of the BMC had been leaving no stone unturned to evict the defendant from the demised premises by resorting to various unlawful acts.