NATWARLAL DAHYABHAI SHAH Vs. JADAOBAI

JUDGEMENT

(1.) Heard respective Counsel. The present petitioner-tenant has questioned the order passed by the Courts below in granting decree for eviction and possession in favour of the landlady/her legal heirs under the clause 'bonafide need' as contemplated under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act (57 of 1947). Hereinafter shall be referred to as "Rent Act".

(2.) From the record it appears that Regular Civil Suit No. 81 of 1988 came to be filed by one Smt. Jadaobai w/o Mishrimal Lalwani on 06/06/1988 against the present respondents praying therein possession of the property consisting of a shop admeasuring 15 x 30 ft. constructed on C.T.S. No. 435/B and 436/B having Municipal House No. 1278 within jurisdiction of Nandurbar Municipal Council, which is locally identified the said property as 'Hat Darwaja Bazar'.

(3.) The property in question was rented out to respondent on monthly rent of Rs. 40/- per month.