: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.369 OF 2009 Balaso Dattoba Chavan & Ors. .. Applicants V/s. Vijaysinh Dadosa Patil & Ors. .. Respondents Mr. P.R. Arjunwadkar for the Applicants. Mr. Sudhir Hardikar for Respondent Nos.1 to 5. CORAM : SMT. NISHITA MHATRE, J. DATED : 17 TH DECEMBER, 2009. P.C.: 1. The Civil Revision Application has been filed to challenge the decree for eviction passed by the trial Court, which has been confirmed by the Appellate Court. Both the Courts below have found that the applicants have defaulted in payment of rent and, therefore, they are in arrears of rent. Both the Courts below have also held that the applicants have committed nuisance and annoyance to the respondents and, therefore, were liable to be evicted. Apart from this, the trial Court concluded that the suit premises were not required bonafide by the plaintiffs and, therefore, did not grant a : 2 : decree on that ground. However, the Appellate Court has granted the decree even on that ground. 2. Both the Courts below have rightly held that the applicants are in arrears of payment of rent. The Appellate Court has considered the dates on which the rent has been deposited by the applicants, after fixation of the interim rent in the standard rent application. The Appellate Court has observed that there has been a default in payment of rent for the period from April, 2003 to August, 2003 and August, 2005. The Appellate Court has also considered the fact that the rent has been deposited without interest which the applicants are liable to pay @ 15% p.a under Section 15(3) of the Maharashtra Rent Control Act. In my opinion, both the Courts below have committed no error in reaching this conclusion. 3. As regards the issue of nuisance having been committed by the applicants, in my opinion, there is no need to interfere with this finding of fact. : 3 : 4. It is submitted on behalf of the applicants that the Appellate Court could not have decreed the Suit on the ground of bonafide requirement when the issue had been answered in the negative by the trial Court and no cross appeal / objections had been filed by the respondents. This submission cannot be accepted since it is always open for the respondents to support the judgment in the Appeal on grounds other than on which the trial Court has reached a conclusion. 5. The Civil Revision Application is dismissed. 6. The decree shall not be executed for a period of twelve weeks from today on the usual undertaking being furnished by the applicants and all the adults in their family to this Court within a period of four weeks from today. .......