PANDURANG TATU KENI Vs. LAXMAN SAKHARAM PATIL

JUDGEMENT

(1.) Heard learned Counsel for the parties. Perused the record. Rule was issued on 14/12/2001.

(2.) The Petitioners are legal heirs of original Plaintiff who had filed R.A.E. Suit No. 5073/1980 against original Defendant. Plaintiff is landlord and Defendant is tenant. The suit was filed under provision of The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, ('the said Act' for short) seeking eviction of tenant from the suit property on grounds of default, non-user, change of user, acquisition of alternate suitable premises and personal bona-fide requirement. According to the averments in the plaint, the suit property is room No.1 (shop) in house No. M/4993 (2A) at Deonar village, Mumbai-400088. It is common ground before the Court that suit property is a shop and not an open piece of land.

(3.) During pendency of the said suit, the Plaintiff amended the plaint and added pleadings contending that he is without regular service or income and his daughter Charulata who is 28 years old non- matric person with knowledge of tailoring, need the suit property to start Plaintiff's business of estate agency as well as for doing tailoring business.