SAROJA PARMESHWARAN Vs. PADMAKAR SITARAM BOLE

JUDGEMENT

(1.) This writ petition is directed against the judgment and order dated 5 June 1996 passed by an Appellate Bench of the Small Causes Court, Mumbai dismissing the tenants appeal against a decree for possession.

(2.) The Petitioner is the daughter of L. K. Mani (Subramaniam), the original defendant, who was a tenant in occupation of the suit premises. Respondents are the legal representatives of Mrs. Tara Bole, the original plaintiff. For the sake of convenience, the original landlady is referred to as the respondent.

(3.) It appears that Mr. Mani, the original tenant came to Mumbai for a job. He took on rent the suit premises on a monthly rent of Rs. 45/- and was living in the suit premises till about 1974. According to the respondent, Mr. Mani, the original tenant on his retirement shifted to his native place at Coimbatore in the year 1973-74 or thereabout and secured a suitable residence there. The respondent, after serving notice on the original tenant at Coimbatore, filed a suit bearing R.A.E. Suit No. 7401 of 1974 in the Small Causes Court for possession. The original tenant appeared in the suit and denied having acquired suitable residence at Coimbatore. During the pendency of the suit Mr. Mani, the original tenant, died and his two sons and two daughters were brought on record as his Legal Representatives. They adopted the written statement filed by the original tenant. After considering the evidence adduced by the parties, the trial Court passed a decree for possession under section 13(1)(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short "the Bombay Rent Act") i.e. on the ground that the tenant had acquired suitable residence. On appeal, the appellate Bench of the Small Causes Court confirmed the decree for possession. Aggrieved by the decision, one of the daughters of the original tenants has filed the present petition.