TRILOKCHAND SHANTILAL BADJATE Vs. SURENDRALAL RAMANLAL PATNI

JUDGEMENT

(1.) HEARD learned advocate mr. Agarwal appearing for the petitioner and learned advocate Mr. Deshmukh appearing for the respondent.

(2.) PETITIONER is the landlord and respondent is the tenant under the Bombay Rent act. The petitioner filed a civil suit before the civil Judge, Senior Division, Malegaon for eviction on the ground of arrears of rent, non-user and bonafide requirement. Regarding arrears of rent, it was the case of the petitioner that defendant/respondent was in arrears of rent for 52 months at the end of May, 1982. Therefore, the petitioner/plaintiff issued a notice on 9. 6. 1982 and demanded the arrears of rent. The defendant did not pay the rent within one month but filed miscellaneous application for fixation of standard rent. The rent was demanded at Rs. 40/- per month.

(3.) SECONDLY, the defendant's business had come to an end by June. He was not carrying on any business there. The premises was admeasuring 10 ft. x 10 ft. He was not in need of the premises. Regarding bonafide occupation, it was the case of the plaintiff that he had five sons. Three of them had become major and the elder son Ramesh had married and had got one daughter. Ramesh wanted to start independent business, but for want of premises, he could not do so and, therefore, the premises were required for bonafide occupation of the plaintiff and his family members.