MOHANLAL BHIKCHAND RATHI Vs. ASHOK TRIMBAK JOSHI

JUDGEMENT

(1.) The Revision is filed to challenge the judgment and order of Regular Civil Suit No. 29 of 2010 which was pending in the Court of District Judge, Kopargaon. The appeal filed against the judgment and decree of Regular Civil Appeal No. 160 of 2008 by original plaintiff is allowed by District Court and the suit filed for eviction under the provision of Maharashtra Rent Control Act, 1999 is decreed on the ground of bona fide requirement for personal use. Both the sides are heard. Present respondent, the plaintiff is the owner of house property bearing CTS No. No. 366/67 situated at Kopargaon, District Ahmednagar. On the ground floor there is a shop having size of 44.24 Sq.Mtrs. which is in possession of present petitioner. It is contended that about 30 years prior to the date of suit, the suit property was given to Bhikchand Rathi on annual rent of Rs. 250/-. Bhikchand died and so his son Mohanlal, the present petitioner continued the possession as the tenant.

(2.) The suit was filed on the ground of default committed in making payment of rent also but no relief is granted by District Court on this ground and so the pleadings and evidence in respect of only the other ground need to be considered. It is the case of the plaintiff that he has two adult sons and they have no other space for doing business. It is the case of plaintiff that one of the sons of plaintiff is handicapped. It is contended that the place on the ground floor is convenient for them and so they want the premises back for personal use and the requirement is bona fide.

(3.) It is the case of plaintiff that defendant owns house property in Shivaji Housing Society, Kopargaon and he is owner of many plots and immovable properties and so no hardship will be caused to him if the order of eviction is made against him. Other contentions were made that son of defendant viz. Shrikant is now occupying the premises and he has entered his name in the assessment record of local body and this was done without taking the consent of the landlord. Notice of termination was given on 3rd April, 2008 for using the ground of default.