Bombay High Court
Vasant Keshav Borkar (Since Deceased) ... vs The Board Of Trustee Of The Port Of Bombay on 22 June, 2023
Author: Abhay Ahuja
Bench: Abhay Ahuja
35.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO.61 OF 2022
VASANT KESHAV BORKAR (since deceased) )
through LRs. SANJAY VASANT BORKAR & ANR. )...APPLICANTS
V/s.
THE BOARD OF TRUSTEE OF THE PORT OF )
BOMBAY )...RESPONDENT
Mr.Rajesh Revankar i/b. A.G.Revankar & Co., Advocate for Applicants.
Ms.Khushboo Rupani a/w. Mr.Rahul Jain i/b. HSA Advocates, Advocate
for the Respondent.
CORAM : ABHAY AHUJA, J.
DATE : 22nd JUNE 2023 P.C. :
1. This Civil Revision Application has been preferred by the Applicants impugning the judgment and decree dated 5 th January 2022 passed by the Division Bench of the Small Causes Court in appeal, setting aside the decree of the Single Judge dismissing the suit filed by the Respondents under Section 41 of the Presidency Small Cause Courts Act, 1882, for ejectment of the tenants who are the Revision Applicants here.
avk 1/3 ::: Uploaded on - 22/06/2023 ::: Downloaded on - 23/06/2023 22:18:11 :::
35.doc
2. Mr.Revankar, learned Counsel for the Revision Applicants, would submit that since during the pendency of the suit, the Maharashtra Rent Control Act, 1999 came to be notified, the Respondent should have filed the suit under the Maharashtra Rent Control Act or under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, and on that ground alone, the Revision Application ought to be allowed and the impugned order of the Appellate Court be set aside. Learned Counsel seeks to take support from various decisions of this Court as well as the Hon'ble Supreme Court in support of his contentions for admission of the matter.
3. On the other hand, Ms.Khushboo, learned Counsel for the Respondent - Bombay Port Trust, vehemently opposes the application and submits that the Revision Application deserves to be heard and dismissed at the stage of admission itself. Learned Counsel seeks to rely upon certain judgments in support of her contention. She seeks some time to furnish the same.
4. Let brief summary of propositions and supporting judgments be furnished by the next date.
avk 2/3 ::: Uploaded on - 22/06/2023 ::: Downloaded on - 23/06/2023 22:18:11 :::
35.doc
5. List on 2nd August 2023 at 2.30 p.m.
6. Interim relief, granted earlier, to continue till the next date.
(ABHAY AHUJA, J.) avk 3/3 ::: Uploaded on - 22/06/2023 ::: Downloaded on - 23/06/2023 22:18:11 :::