RAMUGHRAHA RAMCHARITA TIWARI Vs. ALAKNANDA GOPALKRISHNA BADALE

JUDGEMENT

(1.) By this application filed under Sec. 115 of Civil Procedure Code, 1908 ('CPC', for short) the purported legal heirs/representatives of original Defendant/Tenant are challenging the impugned Judgment and Decree dtd. 27/11/2006 passed in Civil Appeal No.70 of 1993 by III Ad-hoc District Judge-I, Malegaon, by which the Judgment and Decree passed in Regular Civil Suit No.67 of 1986 dtd. 31/3/1993 by Joint Civil Judge, Junior Division, Malegaon, is set aside. By the impugned Decree, the said suit is decreed directing the original Defendant/Tenant to vacate the suit premises.

(2.) Few facts necessary for disposal of this revision application, are as under. Original Plaintiffs filed the said suit under provisions of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('Bombay Rent Act', for short), for recovery of possession and arrears of rent and for mesne profit from the original Defendant (Ramughraha Ramcharita Tiwari) on the grounds of personal and bona fide requirement, erection of permanent structure without permission of the landlord and nuisance. The Plaintiffs contended that the Defendant is a monthly tenant @ Rs.155.00 per month. The original Defendant filed written statement contending inter alia that he has not made any permanent construction nor causing any nuisance. The learned Trial Judge after appreciating the evidence on record, dismissed the suit and fixed standard rent @ Rs.155.00 p.m., directing the Defendant to deposit rent up to date. The Plaintiffs filed the aforesaid appeal challenging the dismissal of the suit. During pendency of the appeal, Plaintiff No.1 expired and her legal heirs are brought on record. The Appeal Court, initially dismissed the appeal by Judgment and Order dtd. 19/7/2002. The Plaintiffs filed Writ Petition No.858 of 2004, which was allowed by this Court under Order dtd. 6/7/2006, remanding the matter to the Appeal Court for fresh consideration only on the issue of bona fide requirement. The appeal was reconsidered and by the impugned Judgment and Decree, eviction is ordered. In these circumstances, the original Defendant initially filed writ petition. However, it was thereafter converted into present Civil Revision Application. Ad-interim stay to eviction was granted on 8/6/2007 which was confirmed on 20/6/2007, when the matter was admitted.

(3.) During pendency of the revision application in this Court, original Defendant expired and his purported legal heirs/representatives are brought on record. During pendency of the revision, one of the legal heirs of original landlord also expired and his further legal heirs are brought on record.