YAMUNABAI KALANGADU PATIL Vs. FATIMABI HASANBHAI SHAIKH

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India challenges the judgment and order dated 22.10.1991 rendered by the appeal court in Civil Appeal No.361/1989 filed by the respondents-tenants by which the judgment and order dated 23.2.1989 passed by the trial Court in Civil Suit No.1393/1985 filed by the petitioner-plaintiff has been set aside.

(2.) The eviction suit was instituted mainly on two grounds, that is, default in payment of rent and bonafide need of the petitioner-plaintiff, hereinafter referred to as "the landlady, for use of the demised premises by her and the members of her family. The suit was decreed on both the grounds by the trial Court. However, the appeal court has allowed the appeal filed by the respondents-defendants, hereinafter referred to as "the tenants", and set aside the decree of eviction passed by the trial Court.

(3.) Ms.Mutalik, learned counsel for the petitioner confined her arguments to the ground of bonafide requirement of the landlady. The other ground regarding default of payment of rent is, therefore, not required to be considered. The case regarding bonafide requirement of the members of family of the landlady is based on the requirement of Prakash, the son of her pre-deceased daughter. The relevant provision under which the decree was sought is section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short "the Act").