SHAH AND MAKATI BROS Vs. SADURAO HUSEINRAO

JUDGEMENT

(1.) The petitioner of this revision application is a partnership firm and has taken on lease one godown which is known as Dehla situated at Nava Dhobivad Bhavnagar. The respondent is the landlord who is occupying a room on the first floor of the suit premises along with his family members. The room situated on the ground floor is used by the petitioner firm as a godown. But there is no evidence in the record of the case to show what stock-in-trade is being stored by the petitioner-firm in this godown.

(2.) The opponent-landlord has filed this suit for eviction principally on the ground of his bona fide personal requirement in the court of Civil Judge S. D. at Bhavnagar where it was registered as Civil suit No. 10/67. The trial court held that the opponent landlord was in bona fide personal requirement of the suit premises as he cannot accommodate his family of 5 members consisting of himself his wife his married daughter her husband and his mother-in-law in one room which he is occupying on the first floor of the suit premises. He has also found that the balance of hardship is in favour of the landlord. He has accordingly decreed the opponents suit for eviction.

(3.) Against this decree the petitioner-tenant preferred an appeal to the District court where it was registered as Civil Appeal No. 201/67. Even the appellate court confirmed the decree passed by the trial court and dismissed the said appeal holding that the opponent landlord was requiring the suit premises to be taken in his personal use and that the balance of hardship was in favour of the landlord. Being aggrieved by this decision the tenant has preferred this revision application.