MARUTI MAHADEV KUDALE Vs. GAJANAN BABURAO PAWAR

JUDGEMENT

(1.) The challenge in this Petition is to a judgment and order dtd. 3/4/1998 passed by the learned District Judge, Pune, in Civil Appeal No.611 of 1996, whereby the learned District Judge was persuaded to allow the appeal preferred by the deceased Respondent - Defendant against the judgment and decree of eviction passed by the learned Judge, Court of Small Causes, Pune, in Suit No.40 of 1995 and thereby dismiss the said suit for eviction.

(2.) The deceased Petitioner was the landlord in respect of the property comprising three rooms situated at Pimpri Gaon, Pune - 17 (the suit premises). It was a part of the chawl constructed by the Plaintiff. The deceased Respondent - Defendant was tenant therein. Rent at the rate of Rs.250.00 per month was payable exclusive of the education cess and additional taxes. The deceased Respondent instituted a suit with the assertion that the Defendant was in arrears of rent from October 1990, and, had, thus, become a defaulter. The Defendant was also having sufficient and suitable alternate accommodation. The Defendant had let out the suit premises consisting of four rooms at an exorbitant rate. The Defendant had purchased plots admeasuring 7R land at Pimpri Waghere. The Defendant had submitted a plan for obtaining permission to erect building thereon.

(3.) The Plaintiff also required the suit premises reasonably and bonafide for his use and occupation. The Plaintiff was in possession of the premises consisting of three rooms only. There were in all 13 members in the family of the Plaintiff, consisting two married sons, who had children. As the family of the Plaintiff was large and growing, the premises in the possession of the Plaintiff was insufficient, and, therefore, the Plaintiff required the suit premises for use of the Plaintiff and his family members.