SAHARABEGAM SIKANDAR SHAIKH Vs. ABDUL ALI MAWAJI TEJANI

JUDGEMENT

(1.) THE present petition has been filed by the heirs of the original plaintiff landlady seeking to challenge the judgment and degree dated 24th January, 1986 of the Court of the IInd Extra Joint District Judge, Pune in Civil Appeal No. 517 of 1984. By the said degree the appeal of the first respondent original defendant tenant was allowed and the judgment and decree dated 28th November, 1983 of the Court of the IIIrd Additional Judge, Small Causes Court, Pune in Suit No. 119 of 1980 awarding possession under section 13 (1) (g) and 13 (1) (i) of the Bombay Rent Act was set aside and the suit for possession was dismissed.

(2.) THE original plaintiff was one Smt. Rukiya Begum Solapurkar who owned Begum Mansion, City Survey No. 50, Sasson Road, Wilson Garden, Pune. She died during the tendency of the appeal leaving behind her the petitioners and the second respondent who are her married daughters as her heirs and legal representatives. They were impleaded in the appeal as respondents being the heirs of the deceased Rukiya Begum.

(3.) THE suit premises consist of three rooms situate on the eastern side of the ground floor of the aforesaid suit house. The rent of the premises was fixed at Rs. 75/- per month exclusive of electricity charges. By a notice dated 4th August, 1977 the original plaintiff called upon the defendant to vacate and hand over possession on various grounds. She claimed that she bona fide required the suit premises for the residence of herself and the members of her family which included her two married daughters, their husbands and their children. She contended that the defendant had acquired alternate suitable residence in the name of his son Mullick in Guru Prasad Society and has shifted there along with all the members of his family. The defendant has since October 1976 not used the suit premises and has kept the same locked. Though the said notice was given on 4th August, 1977 the present suit was filed only on 14th January, 1980. Amongst the grounds which were set up for claiming possession and which are material for the purpose of deciding this petition are : (i) Bona fide requirement under section 13 (1) (g); (ii) Non-user under section 13 (1) (k); and - (ii) Acquisition of alternate suitable residence under section l3 (1) (i ). The defendant resisted the claim of the plaintiff for possession by denying all the grounds set up by the plaintiff.