DATTU VITTHAL SHIMPI Vs. RAGHUNATH NARAYAN WANI

JUDGEMENT

(1.) The application is filed against the judgment and order of Regular Civil Appeal No. 107 of 2004 which was pending in the Court of District Judge1, Jalgaon. The Appellate Court has dismissed the appeal filed by the present applicant challenging the judgment and decree of Regular Civil Suit No. 352 of 1998, which was pending in the Court of Civil Judge, Junior Division, Jalgaon. The suit filed by the present respondent was for eviction under the provisions of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as "the Act"). The said suit was decided in favour of the respondent. Both sides are heard.

(2.) The suit was filed in respect of one room having size of 6 X 12 feet, which is a part of house property bearing C.T.S. No. 1413 from Maruti Peth, Jalgaon Municipal Council. It is contended that the plaintiff purchased the suit property from previous owner on 20.05.1981 and notice of attornment was given to defendant.

(3.) It is the case of the plaintiff that the defendant did not pay the agreed rent at the rate of Rs. 5/ per month from 01.01.1979 and so notice of termination of tenancy was given. It is contended that the Municipal Council had asked the plaintiff to pull down the structure as it is in dilapidated condition and it is dangerous. It is contended that the plaintiff and his three brothers are living in Hindu joint family and the house property belongs to them. It is contended that there are 22 members in the joint family and they require the suit premises bonafidely for personal use. It is contended that the space available to them in this house, which is of four rooms, is not sufficient. It is contended that the tenant can get similar premises anywhere and no hardship will be caused to him. It is contended that the defendant is a caterer and his entire family takes contract of catering and they make handsome income. Thus, relief of possession was claimed on aforesaid three grounds.