ABDULKARIM ABDULRAHEMAN DILHIWALA Vs. ALIBHAI NOORMOHMAD KADIWALA

JUDGEMENT

(1.) . The plaintiff filed the present suit against the defendants for recovering possession of the suit premises on several grounds. One of the grounds which was urged was that the defendants have acquired suitable alternative accommodation within the meaning of sec. 13(1)(1) of the Bombay Rent Act. It was alleged that defendants have constructed two buildings.

(2.) . In defence the defendants admitted that they have constructed two buildings on land which they have taken on rent but that they have constructed them for business purposes. They also contended that one of the two buildings was constructed out of the loan which was raised from the tenants. Therefore that entire building was let out to the tenants.

(3.) . The learned trial Judge found that one of the two buildings was situate in a business area that is to say opposite Surat Railway Station. So far as the second building was concerned he found that it was suitable for residence though it was situate adjacent to the first mentioned building. He therefore found that defendants have acquired suitable residential accommodation and in consequence passed decree for possession.