RAJENDRA GANGADHAR PATIL vs BHANUPRAKASH BHERUMAL KHANDELWAL AND ANOTHER

Judgment text excerpt

901-CRA272-2021.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 272 OF 2021 Rajendra Gangadhar Patil ...Applicant Versus 1. Bhanuprakash Bherumal Khandelwal (since deceased) SANTOSH 1a. Anil Bhanuprakash Khandelwal SUBHASH 1b. Meena Bhanuprakash Khandelwal KULKARNI 2. Chandrashekhar Maneklal Mehta Digitally signed by SANTOSH SUBHASH 2a. Hemant Chandrashekhar Mehta KULKARNI Date: 2025.08.14 2b. Vinod Chandrshekhar Mehta 22:08:44 +0530 2c. Usha Chandrashekhar Mehta …Respondents Mr. R. M. Haridas, for the Applicant. Mr. Vaibhav Sugdare, a/w Vishal Mehta, i/b MV Law Partners, for Respondent Nos.1a and 1b. CORAM: N. J. JAMADAR, J. RESERVED ON: 16th JUNE, 2025 PRONOUNCED ON: 14th AUGUST, 2025 JUDGMENT:- 1. This revision application is directed against a judgment and decree dated 26th March, 2021 passed by the Appellate Bench of the Court of Small Causes in Appeal No.60 of 2011, whereby the Appellate Bench was persuaded to allow the appeal preferred by the deceased respondent Nos.1 and 2 (the landlords) against the judgment and decree in RAE&R Suit No.230/393 of 2000 dismissing the suit, and instead decree the said suit for eviction of the applicant on the ground of carrying 1/23 901-CRA272-2021.DOC out additions and alterations of permanent nature without the consent of the landlords. 2. The background facts necessary for determination of the revision application can be stated in brief as under: 2.1 The deceased respondent Nos.1 and 2 were the owners/landlords of the premises suited at Plot No.866 TP Scheme No.IV, old Prabhadevi Road, Dadar (W), Mumbai. There were multiple structures on the said property (the larger property). The applicant – defendant was a tenant in respect of Room No.2 in structure A (the de