RATNADEEP SHANKAR NARKAR vs ISH HOMES PRIVATE LIMITED AND ANR.

Judgment text excerpt

2026:BHC-AS:21060 Megha 4_cra_136_2026_fc.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.136 OF 2026 Ratnadeep Shankar Narkar ...Applicant V/s. M/s. Ish Homes Private Limited and Ors. ...Respondents ________________ Mr. Pradeep Thorat i/b. Mr. Tanvir Shaikh for the Applicant. Mr. Vishal Kanade i/b. Mr. Javed Akhtar Khan for the Respondents. ________________ CORAM: SANDEEP V. MARNE, J. Reserved on: 20 APRIL 2026. Pronounced on: 4 MAY 2026. Judgment: 1) The Applicant has filed the present Revision Application challenging the judgment and decree dated 22 January 2026 passed by the Appellate Bench of the Small Causes Court dismissing Appeal No.302 of 2019 and confirming the decree of the Trial Court dated 6 July 2019 passed in R.A.E. & R. Suit No.643/1132 of 2008. The Trial Court had decreed the Suit filed by Respondent No.1-Plaintiff on the grounds of unlawful subletting and default in payment of rent. The Trial Court has directed Applicant/Defendant No.2 to handover possession of the suit properties to the Plaintiff with further direction for payment of arrears of rent as well as enquiry into mesne profits. Page No.1 of 25 4 May 2026 Megha 4_cra_136_2026_fc.odt 2) Room No. R/4, House No.411/Back, Ground floor, Kadri Mansion, Veer Savarkar Marg, Prabhadevi, Mumbai- 400 025 is the ‘suit premises’. Building-Kadri Mansion was owned by the earlier owners, who had apparently inducted late Mr. Ballaram Hullaji as monthly tenant in respect of the suit premises. Respondent No.1 /Plaintiff acquired ownership in respect of the land and the building Kadri Mansion vide four Deeds of Conveyance dated 30 September 2006 and 10 October 2006. After acquiring ownership in respect of the building, the Plaintiff found Defendant No.2-Mr