MADHUKAR RAMCHANDRA KADU Vs. AHMED IBRAHIM KHATIB

JUDGEMENT

(1.) None present. Perused the records.

(2.) The petitioner challenges the order passed by the lower appellate Court setting aside the judgment passed by the trial court on the point of order of eviction against the respondent on the ground of bonafide need of the premises to the petitioner.

(3.) The petitioner filed a suit for eviction of the respondent from the shop premises situated in the house of the petitioner which exists at Shriwardhan. The suit for eviction was filed on two grounds viz. bonafide requirement of the petitioner and secondly for carrying out permanent structural additions to the suit premises. The trial Court decreed the suit by its order dated 18th January, 1991 on the ground of bonafide need of the premises for the petitioner while rejecting the plaint for eviction of the respondent on the ground of carrying out permanent structural additions and alterations. The matter was carried in appeal by the respondent by filing Civil Appeal No. 18 of 1991 before the District Court at Raigad. The lower appellate Court by the impugned order dated 19th January, 1994 allowed the appeal and set aside the decree passed by the trial court. Hence, the present petition under Article 227 of the Constitution of India.