CHANDBIBI SIKANDAR TAMBOLI Vs. KRISHNABAI SADASHIV KABADE

JUDGEMENT

(1.) Heard learned counsel appearing for the Petitioner. By this Writ Petition under Art. 227 of the Constitution of India, the Petitioner has challenged a decree passed by the District Court against her under Sec. 13(l)(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as "the said Act ").

(2.) The suit filed by the Respondent (Original Plaintiff) relates to the residential premises consisting of three rooms on the first floor of the property owned by her. The suit was filed by the Respondent on the ground of bonafide requirement. Later on, the Plaint was amended and the ground of acquisition of suitable residence was incorporated. In the amended plaint, it was asserted that after the suit was instituted, the Petitioner (Original Defendant) has constructed a new building and the Defendant has been using the said building. In the Written Statement, various averments made in the Plaint have been denied. An Additional Written Statement was filed in which it was denied that the Petitioner has constructed a new house. In Paragraph 3 of the Additional Written Statement, a very specific contention has been raised by the Petitioner, the English translation thereof reads thus :

(3.) The trial Court dismissed the suit. As far as ground of acquisition of suitable residence is concerned, the trial Court observed that it has come on record that the Petitioner and her husband have constructed the house but the Respondent has not adduced any evidence to show that the vacant possession of the said house is not available to the Petitioner. The Appellate Court in an appeal preferred by the Respondent has interfered and has passed the decree for possession on the ground of acquisition of suitable residence.