TRIKAMDAS KHIMJI KOTECHA Vs. BHARAT RAMJI VORA

JUDGEMENT

(1.) By the present Civil Revision Application, challenge is to the legality and validity of the Judgment and Decree dated 18 th April 2023 passed in Appeal No.135 of 2018 in R.A.E. Suit No.528/796 of 2011 by the learned Appellate Bench of the Small Causes Court at Mumbai.

(2.) The said R.A.E. Suit No.528/796 of 2011 has been filed inter alia on the ground of sub-letting. The learned Trial Court by the Judgment and Decree dtd. 13/8/2018 decreed the Suit and passed the eviction Order. However, the learned Appellate Court by the impugned Judgment and Decree dated 18 th April 2023 has set aside the Judgment and Decree dated 13 th August 2018 passed by the learned Trial Court.

(3.) The learned Trial Court has passed the decree inter alia on the ground that the Defendant No.1 i.e. DW-1 admitted in his cross-examination that the business of mobile was running on in the name of 'Cells N Solutions' in the suit premises, the DW-1 has admitted that Kalpesh Maru was in possession of the suit premises for about 12 months, VAT certificate (Exhibit 44) dtd. 7/7/2011 shows name of Kalpesh Maru and he has been shown as a proprietor and address of business is mentioned as that of the Suit Premises. As far as Exhibit-55 Leave and License Agreement is concerned, the learned Trial Court held that although the genuineness of the same has been challenged by the Respondent, however, as the VAT Certificate issued by the Sales-Tax Department is genuinely issued, the said aspect is not of much significance. The learned Trial Court has also given various other reasons for passing the decree of eviction on the ground of sub-letting.