SARSWATIBAI WAMANRAO RANE Vs. KAMAL KRISHNAPRASAD

JUDGEMENT

(1.) THESE are two writ petitions Writ Petition no. 1761 of 1982 is filed by the tenant against whom the decree for possession is passed with respect to pait of the premises, viz. two rooms, and Writ petition No. 809 of 1983 is filed by the landlady who has not been granted possession of the entire premises. In effect these are two cross writ petitions,

(2.) FEW facts which are relevant for the purpose of this petition are that the landlady filed a suit for possession on the ground of bona fide requirement. The suit premises consist of 7 rooms. The trial Court on appreciation of evidence recorded the finding that the plaintiff's requirement is bonafide. However, while comparing the hardship, the Court exercised the power under section 13 (2) of the Bombay Rent Act and the possession of two rooms on the second floor was delivered to the landlady. So therefore only decree for part of the suit premises was passed.

(3.) BEING aggrieved by the aforesaid decision, two appeals were filed. Civil Appeal No. 345 of 1980 was filed by the tenant and Civil Appeal No. 405 of 1980 was filed by the landlay. The Appeal Court reappreciated the evidence and recorded the finding that the requirement of the landlady is bonafide. However, the landlady is entitled to claim possession of only two rooms. Thus, in effect both the appeals were dismissed.