CHIRAYU JAMNADAS BHATIA Vs. KARSONDAS LALBHAI NARIELWALA

JUDGEMENT

(1.) The petitioners are the landlords and the respondent-partnership firm is the tenant. The respondent firm filed 8/SR of 1999 for fixation of the standard rent. The landlords contested that suit. On 22nd February 2011, the Trial Court eventually decreed the suit. On the parallel lines, the landlords also filed R.A.E. Suit No. 705/1282 of 1999 against the tenant firm for eviction, and that suit has still been pending. In that suit, the tenant entered appearance and filed its written statement.

(2.) Then in 2015, as the eviction suit was coming up for evidence, the tenant filed a revision application before the Appellate Bench of the Small Causes Court, assailing the judgment, dt.22.02.2011, in 8/SR of 1999. Put plainly, after about four years, the tenant wanted to challenge the order in its application for fixation of fair rent. As there was a delay of 1525 days, the tenant filed a Marji application to have it condoned.

(3.) When the Marji application was taken up for hearing, the Appellant Bench, it seems, asked the tenant's counsel when the tenant came to know about the decree or the final order in 8/SR/1999. Innocuous as the Appellant Bench's query was, that has engendered another round of litigation, sadly.