DNYONOBA SHANKAR SHINDE Vs. MOHANRAJ PUKHRAJ KERING

JUDGEMENT

(1.) THIS is a petition by the tenant under Article 227 of the Constitution of India challenging the judgment and decree of the appellate Court recording eviction against him, on the ground of fixing permanent construction on the suit premises and on the ground of reasonable and bonafide requirement of the suit premises for the personal occupation of the landlord.

(2.) THE suit premises is a room admeasuring 10 ft. x 8 ft. on the ground floor of the House bearing No. 2155 at Modikhana, Pune Camp.

(3.) ON the question of bonafide and reasonable requirement, the plaintiff led evidence of himself as the only witness. The trial Court (in para 7 - page 17 of the petition) did not choose to accept the evidence of the plaintiff mainly on the ground that he has not explained in his evidence as to whether he has adequate capital for starting the business; as to whether he has the sufficient technical know-how of the business; as to whether he had the necessary experience of the particular business and as to what experience he had actually gathered as was necessary for starting the business.