SUSHILA GOPAL PATIL Vs. RESHMASING MEHERSING KHANGUDA

JUDGEMENT

(1.) In this Civil Revision Application, challenge is to the legality and correctness of the order passed by the Competent Authority, Nasik Division, Nasik Road under Bombay Rent Control Act on 17.5.2002, by which he allowed the application of the respondent/landlord under Section 13A1 of the Bombay Rents,Hotel and Lodging House Rates Control Act, 1947 and directed the petitioners (tenants herein) to deliver vacant and peaceful possession of the disputed premises to the respondent/landlord.

(2.) The petitioners herein are original opponents (tenants) and the respondent herein is original applicant (landlord). The subject matter i.e. disputed property is two rooms on the ground floor of the building bearing Old Municipal House No. 3781 (New No. 7/174) of Bhusawal, District Jalgaon. Initially the suit property was owned by one Shri Dulichand Savalram Agrawal, who let out two rooms on the ground floor to Shri Gopal Kisan Patil (i.e. husband of petitioner no.1 and father of petitioner nos. 2 to 6) on rental basis in the year 1964. Admittedly, the disputed property was let out for commercial purpose and the petitioners carry on business of grocery shop therein since 1964.

(3.) The present respondent i.e. landlord was serving in Indian Air Force and retired from Indian Air Force in the year 1973. After retirement the respondent/landlord purchased the suit property from the owner Shri Agrawal by way of registered sale deed (Exh.67) on 1.6.1982. In the year 1992, the respondent/landlord instituted Regular Civil Suit No. 55 of 1992 against the petitioners for decree of eviction and possession. However, the said Regular Civil Suit No. 55 of 1992 was dismissed and disposed of for want of prosecution on 8.8.1997. Meanwhile, original tenant Shri G.K.Patil i.e. husband of petitioner no.1 and father of petitioner nos. 2 to 6 expired in the year 1993.