ABDUL RAHIMAN NOORMOHAMMED DARUWALLE Vs. SONABAI SAHEBRAO

JUDGEMENT

(1.) These two civil revision applications by two tenants of the same landlords respondent Nos.1 to 3 against decrees of their ejectment are being decided by consent at the admission stage, by this common judgment because of the peculiar contentions advanced.

(2.) The respondents are undisputedly owners and landlords of two shop premises on Bazar Road, Panchgani, let out to the two applicants, where they are running their shops. While the applicant B.A. Chipade in Civil Revision Application No.333 of 2007 runs a daily needs and cutlery stores and also lives with his family on the back side; the applicant A.R.N. Daruwalle in Civil Revision Application No.178 of 2007 runs a hardware business in the shop hired by him.

(3.) The landlords sought possession of the properties from the applicants on the grounds of arrears of rent and bona fide need to start a flour mill, rice holler and chilly pounding machine utilizing the experience of Ramchandra, the husband of landlady Leelabai. It was also alleged that shop was let to applicant Chipade for tailoring business, but he changed the user by starting cutlery business. They stated that while the tenant Chipade had premises available at Mahabaleshwar for doing his business, tenant Daruwalle had other premises available at Panchgani itself. Therefore, according to landladies, they would suffer greater hardship if decree of ejectment was refused.