PILLOO D BROACHA Vs. MEENA RAMESH DEWADIGA

JUDGEMENT

(1.) This appeal under Section 96 of the Code of Civil Procedure, 1908 has been preferred by the original plaintiffs who are aggrieved by the judgment of the Civil Civil Court, Bombay dated 17/10/2008 whereby the suit as filed for a declaration that the respondentdefendant was a trespasser in respect of Flat No.E4 along with possession of the said flat has been dismissed.

(2.) It is the case of the original plaintiffs that they are Trustees of Bai Bhichaiji H. Bennett Trust. The said Trust is the owner of the property known as Sir Shapoorji Broacha Baug. Flat No.4 in one of the buildings owned by the Trust was initially let out to one R. D. Bhagat prior to 1982. Said R. D. Bhagat expired in February 1995 and thereafter one Nusli Randelia claiming to be his close friend and relative claimed tenancy rights therein. Said Nusli Randelia along with the present respondent filed R.A.D. Suit No.835 of 2006 in the Court of Small Causes Court at Bombay claiming to be a tenant of the suit premises. According to the plaintiffs said Nusli Randelia had pleaded in paragraph 1 of that plaint that he was the employer of the plaintiff No.2the present defendant. The said Nusli Randelia expired on 08/05/2006. According to the plaintiffs on the death of said Nusli Randelia, the defendant became an unlawful and illegal occupant of the suit premises and was thus a trespasser. She had no right, title or interest therein and was liable for eviction. On the aforesaid pleadings the plaintiffs filed Short Cause Suit No.3026 of 2007 before the Civil Civil Court, Bombay.

(3.) The defendant filed her written statement on record at Exhibit2. It was denied that the defendant was trespasser and that as she was in possession of the suit flat for a period of more than twelve years, she had become a deemed tenant under provisions of the Maharashtra Rent Control Act, 1999 (for short, the said Act). Reference was also made to the suit filed in the Small Causes Court seeking a declaration in that regard. The defendant admitted that late R. D. Bhagat was the original tenant and after his death Nusli Randelia and the defendant started residing there. Rent was accepted by the plaintiffs from deceased Nusli Randelia till November 2005.