NIMBAJI SAKHARAM KASAR Vs. BHOGILAL LALCHAND SANGHVI

JUDGEMENT

(1.) THE plaintiff landlord filed civil suit no. 265 of 1974 in the court of civil Judge, J.D. at Malegaon against the defendant-tenant for possession of the suit premises under the provisions of the Bombay Rent. The possession was claimed on several grounds i.e. that the defendant-tenant is a defaulter in payment of rent for more than six months; that the defendant-tenant caused waste to the suit premises by pulling down the stair case and wall built and misappropriated the material; that the defendant-tenant and erected a permanent structure; that the plaintiff-landlord requires the suit premises bonafide and reasonable; that the defendant tenant has purchased a plot in Malegaon camp and has built a house in the name of his son which is suitable for his residence.

(2.) UPON evidence adduced by the parties the learned Judge of the trial court held against the plaintifflandlord on all issues excepting on the issue of the tenant having acquired suitable residence, which ground was upheld was upheld by the learned Judge of the trial court and consequently the learned Judge by his judgment and decree dated 3rd May 1980 passed a decree for possession against the tenant on the ground that the tenant has acquired suitable residence.

(3.) BEING aggrieved by the judgment and decree of eviction the tenant has preferred writ petition no. 2047 of 1983 and being aggrieved by the dismissal of the suit, on other count, the landlord has preferred writ petition no. 4613 of 1983. Both these petitions are heard together.