LAWS(BOM)-2025-1-221

SURESH MATHEW THOMAS Vs. ECGC LIMITED

Decided On January 31, 2025
Suresh Mathew Thomas Appellant
V/S
Ecgc Limited Respondents

JUDGEMENT

(1.) Rule. With consent, Rule made returnable forthwith and taken up for final disposal. Common submissions were advanced and both Review Petitions are being disposed of by this common judgment.

(2.) Both the Review Petitions seek review of the common judgment dtd. 3/7/2024 passed by this Court in Civil Revision Application No.599 of 2023 and Civil Revision Application No.600 of 2023 quashing the judgments passed by the Appellate Bench of Small Causes Court on the ground of jurisdictional error thereby reversing the decree of eviction of Respondent.

(3.) The Review Petitioners were the original Plaintiffs in TE Suit No.74/81/2007 and TE Suit No.128/145/2007 seeking eviction of the Respondent pleading that the agreements dtd. 15/5/1980, 7/2/1981 and 1/7/1981 were agreements to lease and there is neither valid lease deed executed between the parties nor any registered document. The monthly tenancy of the Respondent is not protected and the tenancy has been terminated by communication dtd. 23/3/2002.