M.A. PUVAYYA Vs. SHANTARAM SHAMRAO SAO

JUDGEMENT

(1.) THIS is a petition by the original tenant against the decree for possession of the demised premises in favour of the landlords on the ground of bona fide personal requirements of the landlords.

(2.) THE original plaintiff Shantaram filed RAE Suit No. 6781 of 1967 in the Court of Small Causes at Bombay against the original tenant M.A. Puvayya. The suit was filed on the grounds of default of payment of rent; that the conduct of the tenant amounts to nuisance and annoyance, as also on the ground of bona fide personal requirement of the landlord. Both the Courts have held against the landlord on the issue of default of the tenant in payment of rent and the conduct of the tenant being nuisance, hence it is unnecessary to deal with that aspect of the matter. The solitary ground on which the suit has been decreed by the Lower Appellate Court is the reasonable and bona fide requirement of the landlord.

(3.) BEING aggrieved by the said judgment and decree, the tenant preferred an appeal being Appeal No. 608 of 1974 to the Appellate Bench of the Court of Small Causes, Bombay. During the pendency of the appeal original tenant Shantaram unfortunately expired and his four sons were brought on record as his legal representatives.