ANURADHA BANSIDHAR KARANJE Vs. KANIZ FATIMA

JUDGEMENT

(1.) Heard Mr. Nazmi, learned Counsel for the applicants and Ms. Bangera, learned Counsel for respondent No.1 at length.

(2.) On the oral application made by Mr. Nazmi, leave to transpose applicants No.2 and 3 as respondents No.2 and 3 is granted. Amendment shall be carried out forthwith.

(3.) By this application under section 115 of the Code of Civil Procedure, 1908 (for short 'C.P.C'), applicant No.1, hereinafter referred to as 'defendant No.1' has challenged the judgment and decree dated 12 th June, 2015 passed by the learned Judge, Court Room No.40 of the Court of Small Causes at Mumbai in R.A.E Suit No.208/340 of 2010 as also the judgment and decree dated 29th June, 2017 passed by the Appellate Bench of the Court of Small Causes at Mumbai in (A-1) Appeal No.94 of 2017. By these orders, the Courts below decreed the suit instituted by respondent No.1, hereinafter referred to as "plaintiff" and directed the defendants to hand over vacant and peaceful possession of Room No.1 on the ground floor of 'Zaidi Building/Chawl, situate at 126/B, Nehru Road, Vakola Masjid, Santacruz (East), Mumbai 400 055 (for short 'suit premises') to the plaintiff within three months from the date of the order. The Courts below have decreed the suit only under section 16 (1) (g) of the Maharashtra Rent Control Act, 1999 (for short 'Act') namely, the plaintiff requires the suit premises reasonably and bona fide for her own occupation.