SURESH ALIAS SURYAKANT Vs. BHIKAJI BHAGWAT

JUDGEMENT

(1.) The petitioners/original defendants are challenging the judgment and decree dated 19.10.2006 passed by Appeal Bench of Small Causes Court, Mumbai, confirming the judgment and decree passed by the Small Causes Court, Mumbai in R.A.E. Suit No. 3947/1989 and thereby prayed to dismiss the Suit filed by the respondents/ landlords.

(2.) The basic events, as per petitioners, are as under:

(3.) Petitioner No. 1 herein filed his written statement on 16th August, 1991 and denied the claim of the respondents. Petitioner No. 1 contended that he was residing with his wife, daughter and his unmarried sister i.e. petitioner No. 6 and that he was suffering from slip disc and his wife was also suffering from incurable ailments for a long period. Petitioner No. 1 denied that he or other petitioners had acquired any alternative accommodation. He further contended that petitioner Nos. 2 to 5 were residing at different places due to large family of original tenant. Petitioner Nos. 2 to 5 by filing their separate written statements supported the case of petitioner No. 1 and denied the claim of the respondents. Petitioner No. 6 also filed her written statement and opposed the claim of the respondents. Petitioner No. 6 contended that she was 45 years old, unmarried daughter of her deceased father Ramchandra Damodar Chonkar who was tenant and residing at suit premises with her brother, from childhood.