SHAMRAO ABAJI JADHAV Vs. CHATURBAI SIDHESHWAR JAVERI

JUDGEMENT

(1.) This petition arises out of original proceedings instituted by the respondent-plaintiff, inter alia, for possession of the suit premises under the provisions of the Bombay Rent Act.

(2.) The instant suit for possession was filed in September 1973 on three grounds viz., (a) default in payment of rent, (b) bona fide and reasonable requirement of the suit premises for personal use and occupation, and (c) nuisance and annoyance. The trail Court held against the plaintiff on all the said three grounds and dismissed the suit. In plaintiffs appeal against the said dismissal, the Appellate Court confirmed the finding of the trial Court on the plaintiffs claim for possession on the ground of bona fide and reasonable requirement as also on the ground of nuisance and annoyance. On the ground of default in the payment rent, the Appellate Court reversed the finding of the trial Court and came to the conclusion that the defendant was liable to be evicted from the suit premises under the provisions of section 12(3)(a) of the Rent Act. The appeal was consequently allowed. The trial Courts decree was set aside and instead a decree for possession of the suit premises was passed in favour of the plaintiff . Hence, this petition by the defendant-tenant.

(3.) In support of the petition, I have heard Mr. D.S. Marathe, learned Counsel for the petitioner. The respondent-landlord, plaintiff is represented by her learned Counsel Mr. A. C. Agrawal.