SANJAY MANOHARLAL MISTRI Vs. NAWAPUR EDUCATION SOCIETY

JUDGEMENT

(1.) All these civil revision applications involve a dispute between landlord and tenants. The present applicants are tenants of the suit shop Nos.14, 04, 03, 05 and 08 respectively, which are situated on northern side in front of N.D.N. and N. Y. Sarvajnik High School, Station Road, Navapur, whereas the present respondent is a landlord-Trust. Since the issue of bonafide requirement and comparative hardship is common in all these matters, the same are taken for disposal by a common judgment.

(2.) Being aggrieved and dissatisfied by the judgments and decrees for eviction under Sec. 16(g) of the Maharashtra Rent Control Act, 1999 of dtd. 10/11/2022 passed by the learned Principal District Judge, Nandurbar i.e. the learned first appellate court in respective Regular Civil Appeal Nos.21 of 2017, 28 of 2017, 19 of 2017, 17 of 2017 and 20 of 2017, whereby the decrees of dismissal dtd. 02/05/2017 passed in Regular Civil Suit Nos.3 of 2014, 48 of 2012, 49 of 2012, 47 of 2012 and 52 of 2012, are reversed, the present applications are filed. The learned Civil Judge (Junior Division), Navapur i.e. the learned trial court had in fact dismissed the aforesaid suits of the respondent-Trust/ landlord.

(3.) Facts giving rise to the present applications are as under : The respondent-Trust / plaintiff is a registered public trust imparting education to the students on grant basis. It runs a school in Gujarathi, Marathi, English and Urdu medium. The plaintiff-trust had inducted the applicants / defendants in their respective suit shops as tenants on monthly rent of Rs.300.00. However, the respondent-Trust / plaintiff wanted to provide computer education to its students and therefore, required the suit shops for its own occupation being a bonafide need. Notices were issued by the respondent/ plaintiff-Trust for terminating the tenancy and asking for delivery of possession of the suit shops. Since no action from the side of the present applicants / tenants in respect of the aforesaid notices, the respondent / plaintiff-Trust was constrained to file the aforesaid suits for eviction of the applicants / tenants from their respective suit shops under Sec. 16 (g) of the Maharashtra Rent Control Act and also for mesne profits. It is contended by the respondent / plaintiff- Trust that all the applicants / tenants are rich persons and capable of making arrangement of alternate places for their business. The respondent / plaintiff-Trust further contended that the applicants / tenants would not face any hardship if the possession of the suit shops is handed over to it.