CHANDRAKANT SHANKARRAO GHODKE Vs. RAMCHANDRA BAPU KOPARDE

JUDGEMENT

(1.) PETITION along with the Civil Applications have been disposed of by this common order. The petitioner herein since deceased and now represented by L. R. s was the original Defendant.

(2.) THE Respondent herein had filed a suit against the Petitioner herein for his eviction on the ground that the petitioner was in default of arrears of rent for more than six months and further that he requires the premises for his bona fide personal occupation and that greater hardship would be occasioned to him than to the tenant petitioner. The trial court framed issues for determination. In so far as bona fide personal requirement is concerned, though the issue wrongly shows as answered in the affirmative, a perusal of paragraph 10, shoots that while answering issue No. 2 the learned trial court came to the conclusion that the original Plaintiff had failed to make out case of personal bona fide requirement. However, in so far as ground of arrears of rent for more than six months answered the issue in the affirmative.

(3.) AN appeal came to be preferred by the petitioner herein. Against the finding of the learned trial court, the respondent herein filed cross objections in so far as finding against him in the matter of bona fide requirement. By judgement and order dated 14. 1. 1988 in Civil Appeal no. 210 of 1983, the learned Appellate Judge was pleased to dismiss the appeal. The learned appellate court confirmed the finding of the trial court in so. far as arrears of rent is concerned. In so far as objections by the respondent herein, as to the need of the premises for personal bonafide requirement held that the respondent herein did require the premises for his personal bona fide use. However, held that no hardship would occasion to the original plaintiff than to the original defendant and accordingly rejected the contention of the original plaintiff under Section 13 (1) (g) of the Rent Act.