MANHARLAL MOHANLAL ZAVERI Vs. INDULAL VADILAL MEHTA

JUDGEMENT

(1.) Could the landlord file a suit for possession on the ground of reasonable and bonafide requirement of self-occupation under Sec. 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay Rent Act) against the tenant who is leased the premises till his life time, is the sole question requiring adjudication in this revision under Sec. 29(2) of the Bombay Rent Act.

(2.) The petitioners are the original plaintiffs-landlords and the respondent is the original defendant-tenant. They are hereinafter addressed to as the plaintiffs and tenant for the sake of convenience and brevity. The landlords filed Regular Civil Suit No. 646 of 1975 against the tenant for possession contending that they require the demise premises reasonably and bonafide for self-occupation under Sec. 13(1)(g). The suit was contested by the tenant by filing written statement, inter alia, contending that the landlords do not require demise premises reasonably 1996 (1) MANHARLAL M. ZAVERI v. INDULAL V. MEHTA (C.R.A.)-Bhatt, J. 83 and bona fide for personal occupation. The tenant also contended that the suit is barred by res judicata as the landlords had filed earlier two suits on the same ground and the same were dismissed. The tenant also pleaded that he is a tenant for life in view of the registered lease deed and therefore, the suit is not maintainable.

(3.) The trial Court on the basis of the pleadings of the parties raised issues at Ex. 26 and on examination of the facts and circumstances and upon appraisal of the evidence, dismissed the suit holding that the plaintiff is not entitled to file suit for ejectment in view of clause 7 in the lease deed at Ex. 48. The contention of the tenant that there is lease for life came to be upheld by the trial Court. The landlords carried the matter before the Appellate Court in District Court at Jamnagar by filing Regular Civil Appeal No. 13 of 1982 which also came to be dismissed on 22nd July 1983. Hence this revision under Sec. 29(2) of the Bombay Rent Act.