S S CHANDAK Vs. S S KARAJORIKAR

JUDGEMENT

(1.) The above six Special Civil Applications under Article 227 of the Constitution, are filed by the six tenants of the landlord-respondent, challenging the decrees, which the respondent-plaintiff-landlord had obtained against them under section 13(1)(hhh) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, in the Court of the Civil Judge, Junior Division, Sholapur, on August 25, 1975. The decrees were confirmed in six appeals filed by the tenants, by the Assistant Judge, Sholapur, by a common judgment dated April 30, 1976.

(2.) The concurrent finding and the decrees under section 13(1)(hhh) of the Act, are challenged in the above Special Civil Applications under Article 227 of the Constitution. The finding of the two courts that the suit premises are required by the landlord immediately for the purpose of demolition, ordered by the Sholapur Municipal Corporation, is a finding of fact based on appreciation of the evidence and supported by the cogent and valid reasons. Such a finding cannot be challenged by the petitioner in this Court under Article 227 of the Constitution of India. See (Babhutmal v. Laxmibai) A.I.R. 1975 S.C. 1297.

(3.) Mr. Rane, the learned Counsel appearing for the petitioner, however, vigorously urged that the notices relied upon by the two courts, at Ex. 103 and Ex. 104 issued by the Sholapur Municipal Corporation, related only to the demolition of a portion of the suit premises and did not justify the mass eviction of all the petititoners from the suit premises. Secondly, he submitted that after the receipt of the notices at Ex. 103 dated October 13, 1969, and Ex. 104 dated January 27, 1970, one of the tenants, the petitioner in Special Civil Application No. 3587 of 1976, had carried out repairs to the premises, which satisfied the order of the demolition issued under notices at Exhs. 103 and 104; and therefore, the case was covered by the principles laid down by Bhasme, J., in (Piadad Fernandes v. K.M. Ramesh) 72 Bom.L.R. 569.