YESHWANT PANDURANG WORLIKAR Vs. SHANKAR MAHADEV PATIL

JUDGEMENT

(1.) This civil revision application filed u/s. 115 of the Code of the Civil Procedure by the applicant who is the landlord of the suit premises, challenges the judgment and decree passed by the Appellate Bench of the Small Causes Court whereby the decree of eviction passed by the trial Court was set aside. Though the ground of bonafide requirement was answered in favour of the landlord, only on the ground of non-joinder of one of the legal heirs of the tenant, the suit was dismissed by the Appellate Bench of the Small Causes Court.

(2.) The applicant being landlord of the suit premises filed a suit for eviction on three grounds viz. (i) bonafide requirement, (ii) sublet and (iii) arrears of rent. The trial Court decreed the suit premises on the ground of bonafide requirement and sublet. The Appellate Court held the ground of subletting against the landlord, however, answered the ground of bonafide requirement in favour of the landlord, but on the ground of non-joinder of one of legal heirs of the tenant by the landlord the decree was refused. Hence, the present civil revision application by the landlord.

(3.) Therefore, in the present proceeding, the landlord would have to cross the hurdle whether it was necessary to the landlord to add the daughter of the original tenant in the eviction suit.