KOLI GAJU ZINA Vs. KOLI SAMANT BHIKHA

JUDGEMENT

(1.) The plaintiff filed against the defendant the present suit in the Court of the Civil Judge, Senior Division at Porbandar for recovering possession of the suit premises on the grounds that he reasonably and bona fide required them for his personal occupation and that the defendant had been in arrears of rent. The defendant denied the plaintiff's claim.

(2.) The learned Trial Judge believed the plaintiff's reasonable and bona fide requirement of the suit premises but found that, if the decree for possession was passed, greater hardship would be caused to the defendant than it would be caused to the plaintiff if it was not passed. So far as arrears of rent were concerned, he held that the plaintiff's claim was governed by section 12(3)(b) of the Bombay Rent Act and that the defendant had deposited all arrears of rent in Court in time. He, therefore, dismissed the plaintiff's claim for possession though he passed in favour of the plaintiff a decree for Rs. 56.00 4 being the arrears of rent and Rs. 10.80 for notice charges.

(3.) Since the plaintiff's claim for possession was dismissed, the plaintiff appealed against that decree to the District Court. The learned appellate Judge confirmed the findings recorded by the learned Trial Judge on the plaintiff's reasonable and bona fide requirement and on the question as to whom greater hardship would be caused. However, he upheld the plaintiff's claim for possession on the ground of arrears of rent and passed in favour of the plaintiff the decree for possession.