VENKATESH KRISHNA BHANDARKAR Vs. HENRY DSOUZA

JUDGEMENT

(1.) This Petition under Article 227 of the Constitution of India assails the legality, propriety and correctness of a Judgment and Decree dtd. 27/11/1998 passed by the Appellate Bench of the Court of Small Causes in Appeal No. 44 of 1993, whereby the Appeal preferred by the deceased Plaintiff (predecessor-in-title of Respondent Nos. 1a to 1d), came to be partly allowed by setting aside the judgment and decree passed by the Trial Court in RAD Suit No. 3041 of 1977, and thereby declaring that the deceased Respondent-Plaintiff acquired the status of a deemed tenant under Sec. 15A of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('the Bombay Rent Act, 1947'), and the judgment and order dtd. 29/4/1999 in Review Petition - Interim Notice No. 5675 of 1998, whereby the said Interim Notice also came to be dismissed.

(2.) Shorn of unnecessary details, the background facts leading to this Petition can be stated as under:

(3.) The Defendant resisted the Suit by filing Written Statement.