S B GAIKWAD Vs. IYER SUBRAMANYA VENKATESWARA

JUDGEMENT

(1.) WRIT Petition No. 293 of 1989 has been filed by the original defendant tenant seeking to challenge the judgment and decree dated 24th November, 1988 passed by the Appellate Court of the Small Causes, Bombay in Appeal No. 89 of 1986. By the impugned decree the plaintiffs suit for possession under section 13 (1) (g) of the Bombay Rent Act has been decreed on certain conditions.

(2.) WRIT Petition No. 4257 of 1989 is by the original plaintiff seeking to challenge the very judgment and decree which is the subject matter of Writ Petition No. 293 of 2989. By this petition the plaintiff seeks to impugn the order directing him to provide alternate accommodation to the defendant as a condition precedent to the grant of a decree for possession in his favour.

(3.) THE suit premises consist of residential premises admeasuring about 500 sq. ft. Situate on plot No. 12. A, First Road, Chembur, Bombay. 400 071. The said property was purchased by the plaintiff on 22nd May, 1972. On 25th January, 1982 the plaintiff by notice called upon the defendant to had over the possession of the suit premises as he bonafide defendant required the same. In the said notice the plaintiff offered alternate accommodation to the defendant. Since the defendant did not favourably respond, the plaintiff, on 11th November, 1983 filed the instant suit being R. A. E. Suit No. 1982. It was the case of the plaintiff that the suit premises were located a plot which has been earmarked in the city development plan for commercial purposes. According to him, his wife was already engaged in commercial activity in a property close to the suit premises. He was, therefore, interested for setting up an ancillary business supplimental to the business for his daughter who had the aptitude an the necessary finances and facilities for such business. The plaintiff desired to help her set-up the business. He, therefore genuinely, reasonably and bonafide needed the suit premises.