SHANTARAM SADU KARKAR Vs. SUDHIR GANPAT PAWASKAR

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, petition is taken up for hearing and final disposal.

(2.) Petitioners have filed this petition challenging the judgment and order dtd. 23/11/2923 passed by the Principal District Judge, Ratnagiri dismissing Regular Civil Appeal No. 70/2017 and confirming the eviction decree dtd. 13/9/2017 passed by the 5th Joint Civil Judge Junior Division, Ratnagiri in Regular Civil Suit No. 51/2015.

(3.) Facts of the case, as pleaded in the plaint, are that Plaintiffs are the real brothers who are owners of structure bearing House No. 1750A, Peth Shivapur, Ratnagiri. One room admeasuring 10 ft x 10 ft in the said House No. 1750A, are the suit premises. Defendant No. 1 was inducted as a monthly tenant in respect of the suit premises. Plaintiff pleaded that the suit premises were required for their bonafide need. That Plaintiff No. 2-Vinayak was earlier residing at Mumbai and on account of insufficient premises, he shifted to Ratnagiri alongwith his wife and started residing in balance portion of property coming to the share of the Plaintiffs comprising of main room, pooja room, kitchen and bathroom. It was further pleaded that Plaintiff No. 1-Sudhir was serving as Driver in Mumbai and was planning to opt for voluntary retirement and was desirous of shifting to Mumbai. Plaintiff additionally alleged that Defendants illegally constructed a bathroom and shed in the open portion abutting the suit premises and committed acts contrary to Sec. 16(1) (b) of the Maharashtra Rent Control Act, 1999 (M.R.C. Act). Plaintiff accordingly sought recovery of possession of the suit premises from the Defendants.