NATWAR PAREKH Vs. VIRENDRA DHIRUBHAI SHAH

JUDGEMENT

(1.) Heard Mr. Sawant, learned Counsel for the applicants and Mr. Shaikh, learned Counsel for the respondent at length.

(2.) By this application under section 115 of the Code of Civil Procedure Code, 1908 (for short 'C.P.C'), applicants who are legal representatives of defendant No.2, hereinafter referred to as "Defendants No.2A to 2C" have challenged the judgment and decree dated 10th January, 2008 passed by the Appellate Bench of the Court of Small Causes at Mumbai in Appeal No.414 of 2003. By that order, the Appellate Court partly allowed the appeal preferred by the respondent, hereinafter referred to as "plaintiff" and decreed the suit on the ground of arrears of rent section 12 and unlawful subletting section 13(1)(e) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short 'Act'). The Appellate Court directed the defendants to hand over vacant and peaceful possession of Block No.3, Parekh Building, Plot No. 228, Sion Road, Sion (East), Mumbai - 400 022 (for short 'suit premises') to the plaintiff. The relevant and material facts giving rise to filing of this Civil Revision Application, briefly stated are as under;

(3.) During pendency of the suit, the plaint was amended. The plaintiff contended that he requires the suit premises for bona fide use and occupation having regard to number of his family members. If eviction decree is passed, greater hardship will be caused to the plaintiff.