K.M. Joseph, J. - (1.) This appeal by special leave is directed against the Order dated 24.09.2018 passed by the High Court of Bombay in Civil Revision Application No. 29 of 2018. By the impugned Order, the Revision Application filed by the appellants challenging the Order of the Appellate Bench of the Small Causes Court at Bombay in Appeal No. 19 of 2013 has been dismissed. Thereby the result is that the suit filed by the respondents for eviction of the appellants under Section 16(i)(c), 16(i)(e) and 16(1)(n) of the Maharashtra Rent Control Act, 1999 (hereinafter referred to as 'the Act', for short), has been decreed against the appellants.
(2.) The original RAE Suit No. 1681 of 2006 was filed by one Shantaben Purushottam Kakad (the respondents in this appeal are the legal representatives of the original aforesaid plaintiff). The rented premises consisted of a shop on the ground floor of the building. The case of the plaintiff, inter alia, is as follows (parties will be referred to in the position before the Trial Court): The first defendant took the premises on rent for the purpose of carrying out business of bookshop and he, the first defendant, has, since the inception, been carrying on the business of bookshop in the name and style "Chetna Book Store". In about July, 2005, the first defendant suddenly closed down the business of bookstore, and since then, is not using the premises for more than six months prior to the suit, for the purpose for which it was let and that too without reasonable or any cause. It was further stated that the first defendant had sublet the premises to third party. As regards the ground of nuisance, it was stated that the defendants have started business of preparation and sale of foodstuff from the suit premises which does not have suitable layout or ventilation for the same. It is further stated that as a result, there was pollution and smell and smoke and this caused lot of nuisance and annoyance for the plaintiff an old landlady and other occupants of the building. This business is now closed down. It is further stated that the business of garments was also started and closed down and that the defendants have now given the suit premises to someone else. It is, on these allegations, the suit came to be filed.
(3.) A Written Statement came to be filed by the appellants. The first appellant is actually the son of the second appellant. Their case is, inter alia, as follows: In the year 1971, the second defendant, who is the father of the first defendant, approached the original landlord, the husband of the original plaintiff, for taking the suit premises on rent. On finalisation of negotiations, the premises were taken on rent somewhere in the year 1971. At that time, the first defendant was a minor aged five years. The premises were taken for commercial/business purpose to be carried on by the second defendant but the second defendant, for certain spiritual reason and on the advice of the Astrologer, obtained receipt in the name of the first defendant. The rent receipts continued to be issued in the name of the first defendant. After obtaining the building on rent, the second defendant used the rented premises for selling books in the name and style "Chetna Book Store". Second defendant obtained necessary licence under The Shops and Establishments Act. The second defendant was not able to get good business and sufficient earnings. He started business of readymade garments for some time. That also did not succeed. Thereafter, he started the business in the name and style "Shree Krishna Food Corner". However, though he applied, the Health Department did not issue the licence. The business in fast food was stopped and again the business of selling books and stationery was continued. The case of sub-tenancy was denied, so also the case relating to nuisance.";