SAU. SUMAN RAMESH SAMANT vs SHRI ARUN R. PATIL

Judgment text excerpt

Digitally CRA.285.2007 (J) C2.doc signed by ANANT ANANT KRISHNA KRISHNA NAIK IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAIK Date: 2026.01.16 CIVIL APPELLATE JURISDICTION 19:13:48 +0530 CIVIL REVISION APPLICATION NO. 285 OF 2007 Sau. Suman Ramesh Samant Age: 63 years, Occupation: Household, residing at Awadhut Chintan, Rajaji Path, Dombivali (East), Taluka Kalyan, District-Thane ...Applicant Versus Shri. Arun R. Patil Age: 60 years, Occupation: Profession, residing at Ramkrishna Niwas, Mukharji Road, Dombivli (East), District Thane ...Respondent **** Ms. Preeti Walimbe a/w Ms. Vaishnavi Nagargoje for the Applicant. Mr. G. S. Hegde, Senior Advocate a/w Ms. P. M. Bhansali and Mr. Arafat Siddique for the Respondent. **** CORAM : M. M. SATHAYE, J. RESERVED ON : 9th OCTOBER, 2025 PRONOUNCED ON : 14th JANUARY, 2026 JUDGMENT: 1. The Civil Revision Application is filed under section 115 of the Civil Procedure Code, 1908 (‘CPC’ for short) by original Plaintiff/landlady against Respondent/original Defendant/tenant, challenging the judgment and decree dated 22/09/2006 passed by 3rd Ad-hoc Additional District Judge, Kalyan in Civil Appeal No. 44 of 2003. Under the said impugned judgment and decree, the Appeal filed by Respondent/tenant was allowed, thereby akn 1 CRA.285.2007 (J) C2.doc setting aside the judgment and decree dated 15/02/2003 passed by 3 rd Joint Civil Judge, Junior Division, Kalyan in RCS/797/1996, thereby dismissing the said suit. The Trial Court had decreed the suit by directing the Respondent to hand over possession of the suit premises. This eviction decree is reversed by the Appeal Court. 2. The Applicant / landlady filed the said suit under provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (“the Bombay Rent Act’ for short) seeking e