CLAUDE PEREIRA Vs. MARY D SOUZA SEQUERIA

JUDGEMENT

(1.) INTRODUCTION. THE legal representatives of the landlords-original plaintiffs have filed the present writ petition under Article 227 of the Constitution of India.

(2.) THE petition is directed against the concurrent findings of fact recorded by both the courts below. Both the courts below were pleased to hold that the plaintiffs have failed to prove that the suit premises were required by them for their reasonable and bona fide occupation and further held that no hardship could be caused to the petitioners in the event decree for eviction and possession was refused. Factual matrix lies in narrow compass and it is this :

(3.) THE petitioners are the owners and landlord of the house situate at 6, Rajan Village, Off Carter Road, Bandra, Bombay. The said house consists of ground and first floor. The respondent is a tenant of the first floor on a monthly rent Rs. 140/ -. The suit for eviction and possession was filed by the original plaintiffs (since deceased) against the defendants on the ground that the premises in possessions of the defendant-tenant were needed for reasonable and bona fide occupation of four sons of original petitioner No. 1 late Shri Benjamin Pereira (since deceased) namely; for the present petitioners as they were of the marriageable ages. Thus, decree of eviction was sought under section 13 (1) (g) of the Bombay Rent, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as Rent Act for short ).