SOMNATH KRISHNAJI GANGAL Vs. MORESHWAR KRISHNAJI KALE

JUDGEMENT

(1.) THIS petition is by the original defendant No. 1 - tenant against whom the Appeal Court has passed a decree for eviction solely on the ground that the tenant has erected on the premises a permanent structure in the sense that a window on the western wall of the premises was closed after it was damaged due to theft resulting in the removal of the window frame itself. The few facts necessary for the disposal of the petition are as under :--

(2.) THE first respondent-Moreshwar Kale is the landlord of the premises which consist of gala No. 3 on the ground floor of House No. 107, a chawl at Karjat, Dist. Raigad. The petitioner is a tenant since 1942. The rent of the premises is barely Rs. 6/- p. m. plus educational-cess of Rs. 1. 34p. m. The tenant, therefore, pays to the landlord Rs. 7. 34 p. m. The premises are used as residential house. On the night between 19th and 20th July, 1976, there was a theft and this resulted in the removal of the window on the western wall of the premises occupied by the petitioner-tenant. The tenant thought it necessary, with a view to having additional safety and security, to close the window.

(3.) TAKING advantage of this development, the landlord issued a notice at Ex. 24 on 28th November, 1976 terminating the tenancy of the tenant on four grounds, viz. (i) erection of a permanent structure without consent of the landlord within the meaning of section 13 (1) (b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short the said Rent Act); (ii) the tenant being guilty of conduct which is nuisance and annoyance to the adjoining or neighbouring occupier within the meaning of section 13 (1) (c) of the said Rent Act; (iii) reasonable and bona fide requirement of the landlord within the meaning of section 13 (1) (g) and (iv) the tenant having acquired vacant possession of suitable residence within the meaning of section 13 (1) (l ).