GANGARAM MOTIRAM VYAS Vs. KASHINATH ONKAR MANDORE

JUDGEMENT

(1.) THIS revision petition is filed against the order passed by the learned IVth Additional District Judge, Jalgaon, on 7th October, 1992, in Civil Appeal No. 339/1985.

(2.) THE present respondents filed Regular Civil Suit No. 122/1978 in the Court of Civil Judge (Senior Division), Jalgaon against the present petitioners, under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short, hereinafter referred to as "the Bombay Rent Act") for possession of the premises or various grounds, including the ground that the tenant had committed default in payment of rent and on the ground that the suit premises were reasonably and bona fide required by plaintiff No. 2, Shivnath Onkar Mandore, the landlord. After hearing, the learned Civil Judge directed the tenant to hand over possession of the suit premises to the plaintiff but only on the ground that the tenant had committed default in payment of rent. The claim of the plaintiff, that the suit premises was required bona fide for the occupation by plaintiff No. 2, Shivnath, was rejected and also held that the greater hardship would be caused to defendant No. 2, if the decree for possession was to be passed.

(3.) AS the tenant was directed to hand over possession of the premises, the tenant filed the appeal. In the appeal, on 28-2-1992, when it came up for hearing, original plaintiff No. 2 filed an application for incorporating certain pleas because of changed circumstances as being the additional grounds for claiming possession of the suit premises on bona fide requirement. Thereafter, plaintiff No. 2 filed application for amendment in the plaint. The tenant appellant raised objection to the amendment in the plaint.