Mr. Sanjay @ Sanjiv Ishwarlal Desai v. Mr. Naishad Mehta (Deceased) Thr. Lrs. And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION (ST.) NO.18346 OF 2018 Sanjay @ Sanjiv Ishwarlal Desai ...

Applicant Vs.

Naishad Mehta (decd) through his legal heirs and another ...

Respondents Mr. Jaydeep Deo for Applicant.

Mr. Ashish J. Dubey for Respondents No.1(a) to 1(c). CORAM : R. G. KETKAR, J.

DATE :

JULY 19, 2018 P.C. :

Heard Mr. Deo, learned Counsel for the applicant and Mr. Dubey, learned Counsel for the respondents No.1(a) to 1(c) at length. 2.

By this Application under Section 115 of the Code of Civil Procedure, 1908 (for short 'C.P.C.'), applicant, hereinafter referred to as 'defendant No.2' has challenged the judgment and decree dated 28.07.2006 passed by the learned Judge, Court Room No.20 of the Small Causes Court at Mumbai in R.A.E.Suit No.262/571 of 1999 as also the judgment and decree dated 19.04.2018 passed by the Appellate Bench of the Small Causes Court in A-1 Appeal No.318 of 2006. Respondent No.1 (since deceased), hereinafter referred to as 'plaintiff', had instituted Suit against the applicant and respondent No.2 for recovery of possession of flat No.3 and garage No.1 in the building 'Manisha', Vishwa Bharati Society, V. P. Road, Andheri (West), Mumbai 400 058 (for short 'suit premises') invoking grounds under Sections 13(1)(a), 13(1)(b), 13(1)(c), 13(1)(e), 13(1)(g), 13(1)(k) and 13(1)(l) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short 'Act'). The learned trial Judge decreed the Suit under Sections 1/3

13(1)(a), 13(1)(b) and 13(1)(l) of the Act and declined to pass the decree on the grounds under Section 13(1)(b), 13(1)(g), 13 (1)(e) and 13(1)(k) of the Act. Aggrieved by that decision, defendant No.2 preferred Appeal No.318 of 2018. Plaintiff filed cross-objections at exhibit-35 as the learned trial Judge declined to pass decree on the ground of additions and alterations [13(1)(b)], reasonable and bonafide requirement [13(1) (g)] and unlawful sub-letting [13(1)(e)]. By order dated 19.04.2018, the Appellate Court dismissed the Appeal and partly allowed the crossobjections to the extent of issue of unlawful subletting. It is against these orders, defendant No.2 has instituted the present Civil Revision Application.

3.

After arguing the application for quite some time, Mr. Deo, on instructions from the defendant No.2, who is present in the Court, states that defendant No.2 will not press this application, if time of one year is given to him for handing over and vacating the suit premises to the plaintiff. Mr. Deo has tendered photocopy of defendant No.2's Aadhar Card, which is taken on record and marked 'X' for identification. Mr. Deo submits that defendant No.2 and all adult family members residing in the suit premises will file usual undertaking within 2 weeks in this Court with advance copy to the other side. He also assures that applicant will go on paying rent / compensation regularly for each month on the 10th day of next succeeding month.

4.

Mr. Dubey submits that respondent No.1(c) - Arpan Naishadh Mehta is present in the Court. He has tendered photocopy of his Aadhar Card, which is taken on record and marked 'Y' for identification. 5.

In view thereof, C.R.A. is disposed of as not pressed in the following terms:

a.

Applicant accepts correctness of the impugned orders and 2/3

also accepts that tenancy of N. M. Desai is extinguished; b.

Applicant and all adult family members residing with him in the suit premises will file undertaking within two weeks from today with advance copy to the other side, incorporating therein that, (i) They are in possession and nobody else is in possession of the suit premises;

(ii) They have neither created third party interest nor parted with possession of the suit premises; (iii) They will hereafter neither create third party interest nor part with possession of the suit premises; (iv) They will clear the arrears of rent, if any, within 3 weeks from today and will go on paying rent till 31.07.2019 or till handing over of possession, whichever is earlier;

(v) They will not seek further extension of time for handing over possession;

(vi) They will hand over vacant and peaceful possession of the suit premises to the respondents on or before 31.07.2019.

6.

In view thereof, notwithstanding disposal of the C.R.A., eviction decree shall not be executed on or before 31.07.2019. 7.

List the Application for 'reporting compliance' on 09.08.2018. (R. G. KETKAR, J.) Minal Parab Minal Sandip Parab Minal Sandip Parab Date: 2018.07.21 06:31:52 -0400 3/3