GOPAL BALAJI KACHI Vs. PUSHPA RAMCHANDRA DAREKAR

JUDGEMENT

(1.) THIS is a tenant's petition challenging the order dated 27th June 1994 passed by the VII Additional District Judge, Pune, in Civil Appeal No.82 of 1992, allowing the appeal and setting aside the decree in Regular Civil Suit No.359 of 1989, dated 29th January 1992 passed by the VII Additional Judge of the Small Causes Court, Pune.

(2.) THE only ground on which the decree has been passed is of bona fide need of the landlady. The admitted position is that the landlady is presently having one room admeasuring 10' x 10' and one room on the potmala which does not have even proper height because that room has a height of 4' at some places. The landlady has 5 members in the family. At the time of recording the evidence, apart from the landlady, her husband aged 40 years, two sons aged 16 and 9 years and a daughter aged 11 years were residing in the premises. The Appellate Court has considered the evidence on record in detail and has come to the conclusion that considering the number of family members and their respective ages, it is established on record that the landlady needs the premises for her bona fide use. The aspect of comparative hardships has also been considered by the Appellate Court in detail.

(3.) IN the result, therefore, the petition fails and is dismissed with no order as to costs. Rule is discharged.