VISHWAS KRISHNARAO GANGURDE Vs. BANK OF INDIA

JUDGEMENT

(1.) By this Petition filed under Article 227 of the Constitution of India, the Petitioners assail the judgment and order dtd. 25/2/2021 passed by the learned District Judge 1, Pune in Public Premises Eviction Appeal No.10 of 2019. By the impugned judgment and order, the Appeal preferred by the Petitioner has been dismissed, thereby confirming the eviction order dtd. 8/7/2019 passed by the Estate Officer. By the eviction order, Petitioner has been directed to vacate the premises in question by handing over possession thereof to the Respondent-Bank.

(2.) Shop No. 1 situated on the ground floor of the structure situated at City Survey No. 761(old city survey no.607) Sadashiv Peth, Pune comprising of two rooms and admeasuring 120 Sq. ft are the suit premises. The suit premises are located in the structure owned by the Bank of Karad. Shri. Dattatray Baburao Doiphode was the tenant in respect of the suit premises. The Bank of Karad filed Suit No. 2914 of 1969 in the court of Small Causes, Pune, seeking eviction of Shri. Dattatray Baburao Doiphode interalia on the ground of bonafide requirement and for reconstruction of the structure by demolishing the old structure. Eviction was also sought on the ground of nonpayment of rent. The Suit came to be dismissed by judgment and decree dtd. 25/8/1971. The Bank of Karad filed Civil Appeal No. 954 of 1971 challenging the decree of the Trial Court. The Appeal was allowed by the District Court by judgment and order dtd. 12/9/1972 directing the tenant-Shri. Dattatray Baburao Doiphode to vacate the tenanted premises on the ground enumerated in Sec. 13 (1)(hh) of the Bombay Rents, Hotels and Lodging Houses Rates Control Act, 1947. (the Bombay Rent Act). The eviction was thus ordered for bonafide and reasonable requirement of immediate demolition of the suit structure and for construction of the new building. Bank of Karad filed Execution Petition No. 221 of 1973 in the court of Small Causes, Pune. However, the Execution Petition was dismissed for failure to take steps for execution of the possession warrant by order dtd. 16/3/1989.

(3.) According to the Petitioner, he entered into Assignment Agreement with the original tenant-Shri. Dattatray Baburao Doiphode on 25/8/1992 for transfer of tenancy rights along with goodwill, stock-in-trade and right to occupy the premises. The Petitioner claims to be put in possession of the premises in pursuance of Assignment Agreement dtd. 25/8/1992, subject to the eviction proceedings.