JAYSEN JAYANT RELE Vs. SHANTARAM GANPAT GUJAR

JUDGEMENT

(1.) LIKE economics vary often law also makes common sense difficult. The economists expound several theories and the lawyers formulate several propositions of law based on judicial pronouncements and their own legal acumen. Otherwise the word "family" is not difficult to comprehend as legislated in section 5 (11) (c) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (the Bombay Rents Act ). Both the learned Counsel have cited innumerable judgments in support of their respective contentions for interpretation of simple words "any member of the tenants family. . . . . . . . . . . . " occurring in that section.

(2.) IN addition to the rulings of the Supreme Court and our High Court both the learned Counsel have extensively read out to me a recent judgment of the Appeal Court of United Kingdom report in 1997 (4) All England Reporter page 991 Fitzpatric v. Sterling Housing Association. With respect to the Appeal Court I am not referring to the said judgment as in my humble opinion our social and economic conditions are different and we have our own legislation to meet the problems of our society. I have therefore not preferred to rely on or follow the said judgment in any respect. The learned Judges have also referred to several past precedents of their own courts which reflect the problems which might be frequent in that society, and therefore, the solutions to such problems have definite context and relation with the local social conditions. For example we dont have tenancy problems arising out of homosexual or heterosexual couples in the context of our own concept of an Indian family. The entire judgment is concerning such sexual problem only. I, therefore, do not wish to draw any wisdom or strength to decide problem posed in the present appeal.

(3.) THE present appellants were the original plaintiffs who had filed a civil suit before the Bombay City Civil Court for the relief of mandatory injunction to remove the defendants from the suit premises and for a decree to deliver to the plaintiffs peaceful, quiet and vacant possession of the suit flat with damages/compensation with interest and also mesne profits alleging that the defendants were wrongfully and illegally in use and occupation of the suit premises.