- (1.) Leave granted.
(2.) The Government of Maharashtra, the appellant before us, is in occupation of an area of 9000 sq. ft. (11,050 sq. ft. as per the affidavit-in- reply filed by the appellant) comprising the sixth floor of a building on a monthly rental of Rs. 5236.58/-, besides water charges at the rate of Rs. 515.35/- per month. The suit premises, used for housing the office of the Registrar Co-operative Societies is situate at Fort, opposite GPO, (near C.S.T. Railway Station) in the heart of the city of Mumbai. The appellant is in occupation of the suit premises since 1966. At that time the building belonged to the Maharaja of Travancore. Respondents 1 to 3 purchased it under a deed of assignment dated May 5, 1982 and stepped into the shoes of the landlord.
(3.) The appellant suffered a decree of ejectment passed by the Court of Small Causes on June 30, 2003 in RAE & R Suit No. 1233/3730 of 1986 on grounds of (i) default in payment of taxes and water charges as stipulated under section 13(3)(a) and (ii) reasonable and bona fide need of the landlords, respondents 1 to 3 for their own use and occupation in terms of section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('the Bombay Rent Act' or 'the Act' hereinafter). Its appeal (No.752/2003) against the decree was dismissed by the Division Bench of the Small Causes Court by judgment and order dated April 28, 2005.;