SAVITABEN RAMANLAL SHAH Vs. LANDGE BAL KRISHNA MAHADEO

JUDGEMENT

(1.) The petitioners-original landlord had sought eviction on the ground of alternative suitable accommodation under Sec. 13(1)(l). Both the Courts have found against the petitioners-landlord on the ground that the acquisition of alternative suitable accommodation is by the wife and not by the tenant-husband. There is no difficulty about this finding of fact. The lower appellate Court, while refusing the decree, observed as under :-

(2.) The trial Court also observed in paras 18 and 19 of the judgment as follows :-

(3.) In view of the aforesaid findings, the judgment of this Court in the case of Hasmukhlal R. Shah v. Arvindbhai M. Kapadia, 1988 (1) GLH 122:[1988(2) GLR 1442] is directly attracted. In para 6,at page 127(GLH), it is observed as under (at page No. 1446 of GLR) :-