VIMALABEN GOSALIA AND ANR. Vs. VEENA DUSHYANT MALGONNKAR

JUDGEMENT

(1.) Heard Mr.T.D. Deshmukh, learned counsel for the petitioners and Mr.Archit Jayakar, learned counsel for the respondent, at length.

(2.) By this Petition under Article 227 of the Constitution of India, the petitioners have challenged the judgment and order dated 13.12017 passed by the Competent Authority (under Rent Act), Pune Division, Pune (for short, 'Competent Authority') in application No.27/2005 as also the judgment and order dated 19.2008 passed by the Additional Commissioner, Pune Division, Pune (for short, 'Commissioner') in Revision No.104/2008. By order dated 13.12007, the Competent Authority allowed the application filed by the 1 / 18 respondent under Section 24 of the Maharashtra Rent Control Act, 1999 (for short, 'Act') and directed the petitioner herein to hand over vacant and peaceful possession of twin bungalow / row house bearing No.37, admeasuring 2400 sq. ft. situate in Sopan Baug Cooperative Housing Society Ltd. , Pune - 411 001 (for short, 'suit premises"), as more particularly described in paragraph-1 of the application, to the respondent. The Competent Authority further directed the petitioners to pay damages @ Rs. 18,000/per month from 1.9.2005 till delivery of possession of the suit premises to the respondent. By order dated 19.2008, the Commissioner dismissed the Revision Application and confirmed the order of the Competent Authority. It is against these decisions, the petitioners have instituted present Petition.

(3.) In support of this Petition, Mr. Deshmukh advanced following contentions :