MARIETTA D SILVA Vs. RUDOLF CLOTHAN LACERDA

JUDGEMENT

(1.) Leave granted.

(2.) Present appeal has been filed challenging the impugned judgment and order dtd. 23/6/2025 passed by the High Court of Bombay in Civil Revision Application No. 308 of 2019 whereby the High Court allowed the revision application filed by Respondent No.1 and set aside concurrent findings in the judgment dtd. 14/9/2007 passed by Small Causes Court at Bombay in Rent and Eviction Suit No. 411/861 of 1996 as also judgment and order dtd. 25/7/2017 passed by the Appellate Bench of Small Causes Court at Bombay in Appeal No. 677 of 2007. By virtue of the impugned judgment and order passed by the High Court, the suit filed by the Appellant-Plaintiff No. 1 seeking eviction of Respondent No.1 was dismissed and Appellant/Plaintiff No. 1 was directed to restore possession of the premises in question to Respondent No.1.

(3.) Briefly stated, the material facts are that a 99-year lease of land was granted by the St. Anthony 's Homes Cooperative Society Ltd. in favour of the parents of Appellant-Plaintiff No.1. Upon the leased land, the parents constructed the Memorare Building ("Suit Building") situated at 16th Road, Chembur, Bombay - 400071 comprising six flats (flat Nos.1-6). Five share certificates dtd. 6/6/1959 were issued by the Cooperative Society to the parents of the Appellant.