SULOCHNABAI ARUN GADGIL Vs. MANDA BALKRISHNA KULKARNI

JUDGEMENT

(1.) HEARD learned counsel for the parties. Perused the record.

(2.) THE petitioner challenges the orders of eviction passed by the authorities below under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter called as the said Act)

(3.) THE facts in brief relevant for the decision are that a suit came to be filed bearing No. 480 of 1978 by Balkrishna Kulkarni against Indirabai for eviction on the ground of the premises being required for self-occupation. The suit was partly decreed on 11. 8. 1981 restricting the eviction of Indirabai from the first floor of the building. The ground floor of the said building and open space around it, is the subject matter of present proceedings. The appeal being RCA no. 438 of 1981 preferred against the decree of eviction in RCS No. 480 of 1978 was dismissed on 25. 4. 1983 and in June 1983, possession of the first floor was delivered to the landlord in execution proceedings in relation to the said decree of eviction. On 13th October 1983, present proceedings being RCS No. 536 of 1983 were filed against the petitioners herein along with the husband of the petitioner No. 1 on the ground of bonafide need of the premises for self-occupation as well as on the ground of sub-letting of the premises by the tenants. During pendency of the suit, Indirabai expired on 25th September 1984 and the husband of the petitioner No. 1 also expired on 13. 8. 1981. The trial court by its judgment and order dated 26-2-1993 decreed the suit for eviction on the ground of need of the premises to the respondents as well as on the ground that the petitioner and her husband had not acquired the status of tenants within the meaning of Section 5 (11) (c) of the said Act, though the contention regarding subletting was rejected. The appeal preferred against the same being Civil Appeal No. 54 of 1993 by the petitioner was dismissed by the lower appellate Court by its judgment and order dated 22nd October 1999. Hence the present petition.