LAWS(SC)-1990-12-47

PRABHAVATIBEN BHIKHUBHAI MEHTA Vs. MAHESH KUMAR K SHETH

Decided On December 06, 1990
(Smt.) Prabhavatiben Bhikhubhai Mehta Appellant
V/S
Mahesh Kumar K. Sheth Respondents

JUDGEMENT

(1.) Special leave granted. Heard arguments.

(2.) This appeal by special leave is directed against the judgment and order made on March 17, 1989 by the High Court of Gujarat in Civil Revision Application No. 218 of 1980 affirming the judgment of the Appellate Bench, Small Causes Court, Ahmedabad in Civil Appeal No. 180 of 1980 setting aside the judgment and decree for possession passed by the Trial Court in H. R. P. Civil Suit No. 5076 of 1976.

(3.) The appellant filed the suit being H.R. P. Civil Suit No. 5076 of 1976 in the Court of Small Causes at Ahmedabad for ejectment of the tenant-respondent for bona fide requirement as her husband was going to retire from service in Bombay, the appellant wanted to settle down in Ahmedabad with her widowed daughter and other members of her family. The Small Causes Court decreed the said suit holding that the landlady had proved her bona fide personal requirement of the suit premises and that she would experience hardship greater than the tenant if the decree was refused. Therefore, the decree for eviction was passed against the tenant.