ESOOF SHOEB CONTRACTOR Vs. MRIDANGRAJ HIRALAL SUCHAK

JUDGEMENT

(1.) The applicants are the original plaintiffs. They are the landlords. They filed an eviction suit in the Court of Small Causes against the sole Defendant-tenant. The Trial Court dismissed the suit on 8th April 2015. The landlords' appeal failed on 6th June 2016.[2] The landlords challenge that appellate order in this Civil Revision Application. A learned single Judge admitted the CRA on 23rd March 2017.

(2.) I have heard Mr Godbole for the Appellants (Original Plaintiffs), and Mr Kapadia for the Respondent (Original Defendant) at considerable length. I have considered carefully the record of the Civil Revision Application and the Writ Petition, the rival submissions and the authorities cited. For the reasons that follow I have held against the Plaintiffs and dismissed both the Civil Revision Application and the Writ Petition in this common judgment.

(3.) The Plaintiffs sought the Defendant's eviction from the suit premises on three principal grounds under the Rent Act: bona fide requirement or need; non-user of the rented premises; and non-payment of arrears of rent and permitted rent increases.