ASHWINBHAI C SHETH Vs. BANK OF BARODA

JUDGEMENT

(1.) This is a revision under section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (the Bombay Rent Act for short) at the instance of the original plaintiff-landlord, who sued the respondent defendant-tenant for a decree of eviction under the provisions of the Bombay Rent Act.

(2.) The landlord sued for a decree of eviction on two grounds. The first ground was that the landlord required the premises reasonably and bonafide for his own requirements. Secondly, the eviction was sought on the ground of non-user of the rented premises by the tenant for a continuous period of six months immediately prior to the date of the suit i.e. under section 13(1)(k) of the Bombay Rent Act.

(3.) The trial court, after appreciating the evidence on record, dismissed the suit of the landlord on the ground of reasonable and bonafide requirement, but found on the facts and evidence on record that the landlord had established non-user of the rented premises on the part of the tenant for a continuous period of six months immediately prior to the suit, and therefore passed a decree under section 13(1)(k) of the Bombay Rent Act.