KUM NITA VASANT JADHAV Vs. VINOD MANSUKHLAL PAREKH

JUDGEMENT

(1.) Heard Mr. Karandikar, learned Counsel for the applicant and Mr. Haridas, learned Counsel for the respondent at length.

(2.) By this Application under Section 115 of the Code of Civil Procedure, applicant, hereinafter referred to as 'defendant No.2(a)', has challenged the judgment and decree dated 14.07.2016 passed by the Appellate Bench of the Small Causes Court at Mumbai in Appeal (A-1) No.14 of 2007. By that order, the Appellate Court allowed the appeal preferred by the respondent, hereinafter referred to as 'plaintiff', and set aside the judgment and decree dated 26.07.2006 passed by the learned trial Judge in R.A.E.Suit No.794/1424 of 1999. The Appellate Court decreed the Suit and directed the defendants to handover vacant and peaceful possession of Block No.3A, First Floor, Shri Laxmi Niwas, Sir Bhalchandra Road, Mumbai 400 014 (for short 'suit premises') to the plaintiff within 60 days from the date of the order.

(3.) The plaintiff had instituted Suit against the defendants for recovery of possession of the suit premises inter alia invoking grounds of unlawfully subletting, Section 13(1)(e); acquisition of suitable alternate residence by the defendant No.1, Section 13(1)(l); non-user of the suit premises for the purpose for which it was let out for more than 6 months preceding the Suit, Section 13(1)(k); construction of additions and alterations of permanent nature in the suit premises without written consent of the plaintiff, Section 13(1)(b); and default under Section 12 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short 'Bombay Rent Act'). By order dated 26.07.2006, the learned trial Judge dismissed the Suit. The Appellate Court has decreed the Suit only under Section 13(1)(e) of the Bombay Rent Act. The Appellate Court held that defendant No.1 had unlawfully sublet the suit premises to the defendant No.2.