SMT. SHSHILABEN HARILAL JOSHI SINCE DECEASED THR LRS. JYOTI HARSUKHRAI JOSHI AND ORS. vs SMT. TRIVENIBEN BHIKHALAL BUSA AND ORS.

Judgment text excerpt

908-CRA-562-2025.doc Arjun IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.562 OF 2025 Digitally signed by Sushilaben Harilal Joshi …Applicants ARJUN ARJUN VITTHAL (deleted since deceased) VITTHAL KUDHEKAR KUDHEKAR Date: 1(a) Jyoti Harsukhrai Joshi & Ors. 2025.12.03 22:48:08 +0530 Versus Triveniben Bhikhalal Busa & Ors. …Respondents _______________________________________________________________ Mr. Jaydeep Deo i/b Onkar Y. Gawade, for the Applicants. Ms. Shagufta Q. Qureshi, for the Respondents. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J. PRONOUNCED ON: 02 DECEMBER 2025 UPLOADED ON: 03 DECEMBER 2025 JUDGMENT: 1. Heard Mr. Deo, learned Counsel appearing for the Applicants and Ms. Qureshi, learned Counsel appearing for the Respondents. 2. By the present Civil Revision Application, the challenge is to the legality and validity of the Judgment and Decree dated 4th November 2025 passed by the learned Appellate Bench, Small Causes Court, Mumbai, in Appeal No.53 of 2013 as also to the Judgment and Decree dated 25th October 2013 passed by the learned Judge, Small Causes Court, Mumbai (Bandra Branch), in R.A.E. & R. Suit No.258/528 of 2007. The learned Trial Court has decreed the Suit on the ground of default in payment of arrears of the rent and the learned Appellate Court has confirmed the said decree. 1 908-CRA-562-2025.doc 3. Perusal of the record shows that the Demand Notice under Section 15(1) of the Maharashtra Rent Control Act, 1999 (“Rent Act”) has been issued on 14th February 2007. The said Demand Notice has been received by the Defendant i.e. present Applicants on 22nd February 2007 and the same was replied through Advocate on 9th March 2007. Thereafter, the Responden