FULCHAND LALCHAND PARKASH Vs. VASANTGAURI DEORAM CHAVAN

JUDGEMENT

(1.) This is a tenant's petition, challenging the order of the Appellate Court dated 8th of August, 1989 reversing the judgment of the trial Court, dismissing the suit filed by the landlord for decree of eviction against the tenant. The Appellate Court has passed a decree in favour of the landlord on two grounds: (1) Bonafide requirement of the landlord and (2) Nuisance on the part of the tenant. The learned counsel for the respondent-landlord fairly stated before me that he is not in a position to support the decree passed by the Appellate Court in so far as the ground of nuisance is concerned. In so far as the bonafide need is concerned, it is the case of the landlord that the premises are required by the landlady for starting grocery shop of her son Jitendra. Perusal of the material on the record shows that Jitendra is in service as Clerk with the Mahindra and Mahindra Company since 1986. It is further to be seen that the Appellate Court has no where considered the financial capacity of the landlady or her son Jitendra to set up a business of grocery shop. The Appellate Court has no where considered whether Jitendra has know-how and experience to start a grocery shop. In my opinion, in order to consider the bonafide need of the landlady, the Appellate Court was under a duty to examine financial capacity of Jitendra to start grocery business and to find out whether he has required experience to do that business and also to examine whether he possess the knowhow for doing the said business. All these essential requirements are absent in the judgment of the Appellate Court. The error in the judgment is apparent on the face of the record. In my opinion, therefore, the judgment and decree passed by the Appellate Court cannot be sustained.

(2.) In the result, therefore, the petition succeeds. The judgment and decree passed by the Additional District Judge, Nashik dated 8th August, 1989, allowing the Regular Civil Appeal No. 285 of 1985, is quashed and set aside.

(3.) Rule made absolute accordingly, with no order as to costs.