GOPIKISAN Vs. INDUBAI AND ORS.

JUDGEMENT

(1.) The petitioner is the "tenant" and the respondents are the "landlords" and shall hereinafter be referred to accordingly. The dispute in the present petition pertains to the eviction of the tenant from the suit premises on the ground of bona fide requirement under Section 16(1)(g) of the Maharashtra Rent Control Act, 1999. Regular Civil Suit No.78 of 2004 filed by the landlords was decreed by the Trial Court on 28.4.2006 and the tenant was directed to hand over vacant possession of the suit premises to the landlords within a period of one month from the date of the judgment and order.

(2.) In Regular Civil Appeal No.37 of 2006, the learned Ad hoc District Judge II, Gadchiroli, by her judgment and order dated 23.03.2007, set aside the decree passed by the Trial Court in favour of the landlords and dismissed the suit. Misc. Civil Application No.16 of 2007 was preferred by the landlords under Section 114 read with Order 47, Rule 1 of the Civil Procedure Code for review of the decision of the lower Appellate Court, which has been allowed on 25.2008, and the decree passed by the Trial Court for eviction of the tenant has been restored. Hence, the tenant is before this Court in this petition. The matter was admitted on 15.7.2000 and the interim order has been passed staying the decision of the lower Appellate Court.

(3.) The lower Appellate Court in Regular Civil Appeal No.37 of 2006 reversed the decree passed by the Trial Court for eviction and possession on the ground that there was noncompliance of the provision of Section 106 of the Transfer of Property Act, 1882. In Misc. Civil Application No.16 of 2007 for review, the lower Appellate Court has recorded the finding that there was an error of law apparent on the face of the record committed in applying the provision of Section 106 of the Transfer of Property Act while deciding Regular Civil Appeal No.37 of 2006. The application for review was, therefore, allowed, restoring the decree for eviction and possession passed against the tenant by the Trial Court.