ALIBHAI MOHMADBHAI Vs. KADERKHA NURKHA

JUDGEMENT

(1.) The plaintiff had gone to the court in the year 1977 for getting the decree for possession on the ground of bonafide requirement and till the year 2000, he could not get the possession of the premises, though he has succeeded in the courts below on the ground of bonafide requirement.

(2.) The facts leading to the present revision application are as under.

(3.) That the respondents herein are the original plaintiffs. They had filed the suit being Regular Civil Suit No.287/77 in the court of Joint Civil Judge (Junior Division) at Bharuch. It is the case of the plaintiffs that the suit premises was rented to the defendant at the monthly rent of Rs.6.00 in the year 1956. Subsequently, after providing some additional facilities, rent was increased to Rs.8.00 per month. According to the plaintiffs, the defendant was irregular in payment of the rent, and therefore, after terminating his tenancy, arrears of rent was demanded by demand notice. That followed by the aforesaid suit for possession on the ground of arrears of rent as well as on the ground of bonafide requirement of the plaintiffs. It is the case of the plaintiffs that the plaintiff No.2 is an old man and is doing labour work at Bombay and he wants to settle in his native place at Bharuch and that he has no shelter over his head at Bombay. Therefore, on the aforesaid ground of arrears of rent as well as on the ground of bonafide requirement, the aforesaid suit was filed by the plaintiffs against the defendant.