SUMAN RAMESH SAMANT Vs. ARUN R. PATIL

JUDGEMENT

(1.) The Civil Revision Application is filed under Sec. 115 of the Civil Procedure Code, 1908 ('CPC' for short) by original Plaintiff/landlady against Respondent/original Defendant/tenant, challenging the judgment and decree dtd. 22/09/2006 passed by 3rd Ad-hoc Additional District Judge, Kalyan in Civil Appeal No. 44 of 2003. Under the said impugned judgment and decree, the Appeal filed by Respondent/tenant was allowed, thereby setting aside the judgment and decree dtd. 15/02/2003 passed by 3rd Joint Civil Judge, Junior Division, Kalyan in RCS/797/1996, thereby dismissing the said suit. The Trial Court had decreed the suit by directing the Respondent to hand over possession of the suit premises. This eviction decree is reversed by the Appeal Court.

(2.) The Applicant / landlady filed the said suit under provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('the Bombay Rent Act' for short) seeking eviction of the Respondent on the grounds of damages to the suit premises and for not using it with care under Sec. 13(1)(a) of the Bombay Rent Act being contravention of Sec. 108(o) of the Transfer of Property Act, 1882, erection of permanent structure under Sec. 13(1)(b), nuisance under Sec. 13(1)(c), change of user under Sec. 13(1)(k) and reasonable and bonafide requirement under Sec. 13(1)(g) of The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('Bombay Rent Act' for short)

(3.) The area admeasuring 2546 sq.ft on the first floor of the building known as 'Avadhoot Chintan' situated at Rajaji Path, Dombivali (E) is the suit premises.