KASHINATH SHANKAR GAMBHIRE Vs. SUDHA GOPAL PATIL SOU

JUDGEMENT

(1.) THE petitioner who has suffered decree for eviction for causing nuisance and annoyance to the landlord and neighbouring occupiers at the hands of the courts below has preferred this petition under Article 227 of the Constitution of India.

(2.) THE respondent Nos. 1 to 3 herein are original plaintiffs and they filed suit for eviction against the petitioner (original defendant ). The eviction was sought on two grounds viz. , (i) that the suit premises were in dilapidated condition and it was dangerous for the personal safety and the safety of the property and since the local authority has directed the landlord to demolish the said building, the premises are required under section 13 (1) (hh) of the Bombay Rent Control Act and (ii) that the defendant was guilty of causing nuisance to the adjoining occupiers of the suit premises. The suit was contested by the defendant and after recording the evidence, the trial Court negatived plaintiffs case for eviction under section 13 (1) (hh) but granted the decree for eviction under section 13 (1) (c) that is the defendant was guilty of causing nuisance to the adjoining occupiers. The defendant preferred appeal but was unsuccessful since the IIIrd Addl. District Judge, Solapur who heard the appeal dismissed the same on 16-11-1988.

(3.) BOTH the courts below have held the defendant guilty of causing nuisance and annoyance on two counts viz. that the defendant has been unnecessarily litigating against the plaintiffs in civil matters and also by launching criminal case and secondly, that the defendant by his behaviour and conduct by frequently quarrelling, assaulting and abusing the neighbouring occupiers is guilty of nuisance.