VISHWANATH GOVIND LAGU Vs. USHA LAXMAN BARVE

JUDGEMENT

(1.) The Petitioner-tenant has invoked Article 227 of the constitution of India and sought to challenge the judgment and order dated 23rd July 1997, passed by the Additional District Judge, palghar (for short "appellate Court") , whereby, the judgment and decree of the trial Court in Regular Civil Suit No. 113 of 1987 dated 6th July, 1993, was set aside and the respondent-landlord's suit for possession on the ground of securing alternative accommodation by the tenant as contemplated under Section 13 (1) (1) of the bombay Rents, Hotel and Lodging House Rates control Act, 1947 (for short 'the Bombay rent Act") has been allowed. Therefore, the present Writ Petition.

(2.) Since 1963, the petitioner-tenant is in occupation of one room admeasuring 7' X 10'. As it was difficult for the petitioner to accommodate all five of his family members, he acquired another premises of two rooms specially for the education and residence of his son and daughter near the suit premises, on rent. The respondent-landlady had full knowledge of the same. After more than 12 years i. e. on 19th January, 1987, a notice on that foundation was issued and the landlady demanded the possession. On 21st March, 1987, a Regular Civil Suit No. 113 of 1987 was filed for possession on the ground of acquisition of suitable accommodation. The same was resisted by a Written statement dated 15th March, 1988. Evidence was led by the parties. There remained no dispute on the basis of evidence itself that no action was initiated by the respondent-landlady at any time, including any objection for the acquisition of such premises The Trial Court, therefore, after considering the material and the evidence on the record, dismissed the Suit In the appeal preferred by the respondent-plaintiff, the Appellate Court, however, accepted the respondent's case and reversed the Trial court's order and granted the decree for possession on that ground

(3.) Heard Mr Paradkar, Counsel for the petitioner None appeared for the respondent At the request of the respondent-landlady aged 80 years, the matter was placed on the Board for final hearing It was adjourned on 25th July, 2005 and also on 8th august, 2005 None appeared for the respondent