LAWS(BOM)-2001-6-76

BORA Vs. PARSHAVANATH DIGAMBAR JAIN

Decided On June 20, 2001
BORA Appellant
V/S
Parshavanath Digambar Jain Respondents

JUDGEMENT

(1.) HEARD learned advocates for the parties.

(2.) PERUSED the records.

(3.) THE trial Court had dismissed the suit filed by the respondent landlord for eviction of the petitioners from the suit premises on the ground that the respondent landlord has failed to establish that it is a public charitable trust and, therefore, there was no question of ordering eviction of the petitioners from the suit premises on the ground of bona fide need of the premises to the respondent landlord for the purpose of the trust. In the appeal carried against the said order by the landlord respondents, the Lower Appellate Court has held that though the respondents are not entitled to claim eviction of the petitioners on the ground comprised under the second clause of (g) of section 13 (1) of the said Act, the respondents had established the case for eviction of the petitioners from the suit premises on the ground of reasonable and bona fide requirement of the premises for the trust.