PRIYAMVADAN MAGANLAL PATEL Vs. HARIBHAI VISWANATH SHUKLA

JUDGEMENT

(1.) xxx xxx xxx

(2.) The said suit was filed on various grounds, such as arrears of rent, change of user, permanent alteration in the suit property as well as acquisition of alternative accommodation. However, since the learned advocate for the applicant has restricted his arguments only in connection with acquisition of alternative accommodation under Section 13 (1) (1) of the Bombay Rent Act, the matter is required to be examined only from that angle.

(3.) The suit of the plaintiff was resisted by the defendant on various ground. So far as ground about acquisition of alternative accommodation is concerned, initially, the same was not taken in the plaint and after amending the plaint, ground of acquisition of alternative accommodation was pleaded by making an averment in the plaint that the defendant has purchased alternative accommodation on 20th June, 1988. The description of the said premises is given as City Survey No. 2641 and 2166, which according to the plaintiff is adjoining to the rented premises. However, the defendant has denied any acquisition of alternative accommodation, as according to the defendant, said new premises is constructed by his two sons from their separate earnings.