N L PATEL Vs. SADASHIV VISHVANATH

JUDGEMENT

(1.) Pursuant to the order recorded by learned Single Judge in Civil Revision Application No.37 of 1989 on 16/1/1989, the Reference to the Division Bench was desired and, therefore, this matter is placed before this Division Bench for consideration of the Reference.

(2.) With a view to appreciate and evaluate the main issue in focus, by virtue of the Reference arising out of the observations of the Learned Single Judge, let there be a concise spectrum of facts and relevant law, at this juncture.

(3.) The opponent, in this Revision Application under Section 29 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, ("ACT"), filed a suit for vacation, contending that the petitioner, herein-original defendant-tenant, is liable to vacate the residential demised premises and he is entitled to seek possession of the demised premises, in view of the provisions of Section 13 (1) (L) of the Act. However, upon examination and appreciation of facts and evidence, the learned Trial Court Judge held, against the landlord and in favour of the tenant observing, that the tenant had not acquired suitable residential accommodation as mandated in Section 13 (1) (L) of the Act. Consequently, suit for possession came to be dismissed by a judgment dated 1/8/1983, which came to be challenged in a Civil Appeal No.347/83 before the District Court at Vadodara, by the landlord.