INDUBAI GOVINDRAO LAD Vs. ANJELINABAI JITENDRAKUMAR BAFNA

JUDGEMENT

(1.) THIS writ petition under Article 227 of the Constitution of India takes exception to the Judgement and Decree passed by the 3rd Additional District Judge, Nasik dated 24th Sept. 1990 in Civil Appeal No. 85 of 1986.

(2.) THE premises in question are portion of varanda on the ground floor in Municipal House No. 480/37 situated at Sharanpur, Dist. Nasik. The said house property was purchased by the Respondent some time in the year 1981 and thereafter, tenancy of the Petitioner was attorned to her. This fact is not in dispute. After attornment of tenancy, the Respondent terminated the tenancy of the Petitioner by giving notice to the original tenant predecessor of the Petitioners by notice dated 22. 4. 1982. Thereafter, the Respondent instituted a suit for possession of the suit property on the ground of default, reasonable and bonafide requirement, nuisance and annoyance. That suit was instituted before the Civil Judge, J. D. Nasik bearing R. C. S. No. 855 of 1982. The Trial Court on analyzing the materials on record however, decreed the suit on the ground of reasonable and bonafide requirement alone. Against that decision the Petitioner tenant carried the matter in appeal before the District Court. There is no dispute that there was no cross objection filed by the Respondent landlady assailing the finding on the other grounds are concerned. The matter was therefore, confined only to the ground of reasonable and bonafide requirement. The Appellate Court by the impugned Judgement and decree has confirmed the view taken by the Trial Court on the issue of reasonable and bonafide requirement in favour of the Respondent landlady. Besides, the Appellate Court has also affirmed the finding recorded by the Trial Court relating to the issue of comparative hardship in favour of the Respondent-landlady. As a consequence of this finding, the decree of possession passed in favour of the Respondent has been affirmed by the Appellate Court. This concurrent decisions are the subject matter of challenge in the present writ Petition under Article 227 of the Constitution of India.

(3.) WITH the assistance of learned counsel appearing for both sides, I have gone through the relevant pleadings, evidence as well as Judgements of the two Courts below.