LAWS(BOM)-2005-6-25

SUNDARDAS ISHWARDAS Vs. G MANMOHAN RAO

Decided On June 27, 2005
SUNDARDAS ISHWARDAS Appellant
V/S
G.MANMOHAN RAO Respondents

JUDGEMENT

(1.) The petitioners are the tenants and respondents are the landlords The long standing relationship of landlords and tenants between the parties concluded and determined by the Judgment dated 27th april, 1971 in Suit No 2244 of 1965 and same has been confirmed by the appellate Court in Appeal No 286 of 1971, by the judgment dated 10-4-1984 in the result the respondent's suit is decreed on the grounds, bona fide need, change of user and acquisition of suitable accommodation by the petitioners therefore, the present writ petition

(2.) The learned trial Judge held that the suit premises are being used for the purpose other than for which it was let out The suit premises is reasonably and bona fide required for the occupation by the landlords The greater hardship will be caused to the respondents/landlords if suit not decreed therefore based on the evidence led by the parties ie Mr Goomedali manmohan Rao, Achut Raman Kamath (the rent Collector of the plaintiff) and Umarshi Ladhabhai and the tenant, Sundardash Ishvardas himself, the court below has granted the decree of possession in question

(3.) The Appellate Court also after considering the reasoning, as well as the material placed on the record has confirmed the findings given by the Courts below and refused to interfere with the finding given on the said grounds