PREVIN GOVIND SHARMA Vs. DINYAR JAL JAMSHEDJI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

(2.) The tenant has filed this CRA and has had the Appellate Court's decree of eviction stayed. In that process, this Court tentatively fixed Rs.25,000/- as a monthly compensation to be paid to the landlords. As a condition precedent, this Court has also observed that once the rival parties place on record the necessary material, it will fix the interim compensation to be paid pending the Civil Revision Application.

(3.) In the context of fixing the interim compensation, I may set out the facts briefly. Initially, before the City Civil Court, Mumbai, the landlords filed Suit No.162 of 1996 against the applicant tenant for eviction. But the plaint was returned under Order VII Rule 10 to be presented before the proper court. The landlords, instead, instituted RAE Suit No.141/260 of 2008; the trial Court dismissed it on 16th September 2013. But the landlords succeed in Appeal No. 124 of 2013; the Appellate Bench of the Small Cause Court, Mumbai, allowed it on 6th October 2018. Aggrieved, the tenant filed this Civil Revision Application. And on 12th December 2018, she secured an interim stay.