Bombay High Court
Majjid Ibrahim Shaikh vs Dilip Anant Gite on 30 January, 2024
2024:BHC-AS:5708
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902 - CRA 30 OF 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO. 30 OF 2023
Majjid Ibrahim Shaikh ..... Applicant
VERSUS
Dilip Anant Gite ..... Respondent
Mr.Dilip Bodake a/w. Mr.Sharad Bhosale, Ms.Shraddha Pawar for
the Applicant.
Mr.Niranjan Kandade i/b. Mr.Nikhil Wadikar for the Respondent.
CORAM: RAJESH S. PATIL, J.
DATE : 30 JANUARY, 2024
P.C. :-
This Civil Revision Application is filed by the original
defendant challenging the concurrent findings recorded by the
Trial Court and the District Court.
2. The respondent/original plaintiff/landlord filed a suit for
eviction against the applicant with regard to the suit premises
which is a shop admeasuring 7 feet x 20 feet situated at Village
Songirwadi, Taluka Wai, District Satara. In the said suit, the
defendant filed its written statement and denied the contents as
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averred in the plaint. The issues were framed in the said suit.
The said issues are as under :-
1. Does the plaintiff proves that the defendant is in
arrears of rent amount of Rs.5,600/- ?
2. Does the plaintiff proves that he validly
terminated the tenancy of the defendant by issuing
notice dated 23/04/2010 ?
3. Whether the plaintiff is entitled to recover the
possession of the suit property ?
4. Whether the plaintiff is entitled to arrears of rent
amount of Rs.1800/- ?
5. Whether the plaintiff is entitled to mesne profits ?
6. What order and decree ?
3. It appears from the record that the plaintiff had examined
two witnesses in order to prove his case of eviction. It appears
from the record that the defendant has not cross examined the
plaintiff's witnesses and neither has defendant led its evidence.
The Trial Court thereafter by its judgment and order dated 21
November, 2014 decreed the suit by directing the defendant to
handover vacant possession.
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4. Being aggrieved by the judgment and decree passed by the
Trial Court, the tenant filed an appeal before the District Court,
being Regular Civil Appeal No. 277 of 2016. In the said appeal,
the District Court framed its points for determination. The said
points for determination are as under :-
1. Whether the defendant is a wilful defaulter ?
2. Whether the suit shop is not used for the purpose
for which it was rented for a period of more that 6
months prior to the date of the filing of this suit ?
3. Whether the suit shop is reasonable and bonafide
and required by the plaintiff for his own use ?
4. Whether the plaintiff is entitled for possession of
the suit shop?
5. Whether the plaintiff is entitled for recovery of
the arrears of rent as prayed ?
6. Whether the plaintiff is entitled for mesne
profits ?
7. Whether the suit is tenable ?
8. Whether the matter needs to be remanded back
for retrial ?
9. Whether the judgment and order of the Ld. Trial
Judge needs interference ?
10. What order and decree ?
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5. It appears that for the first time, the Appellate Court
amongst other points, also framed a point "reasonable and
bonafide requirement of the plaintiff".
6. The Appellate Court by its judgment and decree dated 28
September, 2022 dismissed the appeal filed by the tenant and
answered the points for determination in favour of the plaintiff,
of 'willful defaulter' and also on 'reasonable and bonafide
requirement of the plaintiff'.
7. It was the contention of the defendant that he had paid the
arrears of rent but the same was not accepted by the plaintiff. It
was his contention that by money order dated 14 July, 2010, the
rent was sent to the plaintiff, but he did not accept the same. It
was also contention of the defendant that an application was
preferred by the defendant, Ex.14, Ex.15 and Ex.16 for
production of the documents including the documents being Sale
Deeds dated 3 February, 1987 and 10 July, 2013.
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8. By an order dated 15 January, 2022, production of the
documents was allowed.
9. The Appellate Court though considered this fact about the
sale deed, however as regards the ownership of the suit premises
is concerned, the Appellate Court gave a finding that the tenant
had accepted the plaintiff as its landlord. Therefore, it is held
that the suit was tenable as there was no point for determination,
to decide "whether the plaintiff is the landlord of the suit
premises".
10. Taking into consideration the above facts, it appears that
the Trial Court had never framed an issue about " bonafide and
reasonable requirement". The said issue/point for determination
for the first time was framed by the Appellate Court. The
defendant has not led any evidence and has not even cross
examined the witnesses of the plaintiff. However, the Appellate
Court has come to the finding that as per the sale deed, it can be
seen that the plaintiff is not the owner of the suit shop.
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Therefore, according to me it will be necessary for the Court to
frame an issue in this regard and evidence of the parties would
be necessary.
11. Hence, I am hereby quashing and setting aside both the the
judgments i.e. judgment dated 21 November, 2014 passed by the
Civil Judge, Junior Division, Wai in Regular Civil Suit No. 141 of
2010 and the judgment and decree dated 28 September, 2022
passed by the Ad-hoc District Judge (1), Satara in Regular Civil
Appeal No. 277 of 2016. Regular Civil Suit No. 141 of 2010 is
restored back to file of Civil Judge, Junior Division, Wai.
12. The Civil Judge, Junior Division should hear the Regular
Civil Suit No. 141 of 2010 afresh and frame the issue again.
Thereafter allow the parties to lead the evidence and decide the
matter on its own merits.
13. The Civil Judge, Junior Division, Wai is also directed to
frame issue on the point, Whether the plaintiff is the landlord of
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the suit premises ? apart from the other issues which he will be
framing.
14. The applicant/defendant is directed to deposit the entire
arrears of agreed rent within a period of four weeks from today.
15. The applicant should also deposit the rent of the suit
premises from January 2024 for three months in advance and
should keep paying the same quarterly in advance till the hearing
and final disposal of the suit or as per the directions of the Court
below without prejudice to the rights and contentions of the
parties.
16. In view of the above, Civil Revision Application is
accordingly disposed of.
[RAJESH S. PATIL, J.]
