NOSHIR JEHANGIR POSTWALLA Vs. KEKI RATTANJI POSTWALLA

JUDGEMENT

(1.) THIS writ petition under Article 227 of the Constitution of India has been filed by the petitioner-landlord challenging the decree of the trial Court and that of the Appellate Court in dismissing the suit filed by him for possession of the suit premises admeasuring 1250 sq. ft. in a building known as Postwalla Building No. 3 Shankarset Road, Pune 2.

(2.) THE petitioner-landlord had filed suit in the Court of the Small Causes at Pune bearing Civil Suit No. 2907 of 1978 for possession of the suit flat on the ground of bona fide requirement. According to the petitioner, when the suit for possession was filed, he was residing with his mother in a bungalow belonging to his mother and since the mother was about to sell out her bungalow, he was in immediate need of some residential accommodation for his residence and for the residence of his family. Consequently, the petitioner had issued notice dated March 16, 1976 and thereafter a second notice which is the suit notice dated August 6, 1978 calling upon the original tenant Shri Keki Rattanji Postwalla to vacate the suit premises. Since the original defendant did not vacate the suit premises, the petitioner filed the aforesaid suit for getting possession on the ground of bona fide requirement for his personal use and occupation. The suit for bona fide requirement has been filed as far back as an October 17, 1978.

(3.) THE original tenant resisted the said suit. According to him, the petitioner did not require the suit premises for bona fide and personal use but intended to sell the same to earn huge profit. The original defendant further contended that in any case no decree on the ground of bona fide requirement can be passed since the respondent would suffer greater hardship.