VASANT EKNATH KULKARNI Vs. VITHAL TRIMBAK JADHAV

JUDGEMENT

(1.) BY this petition, the petitioner challenges the order dated 20th April, 1985 passed by the District Judge, Nasik in Civil Appeal No.10 of 1983. That appeal was filed by the petitioner challenging the judgment and decree passed by the IIIrd Joint Civil Judge, Junior Division, Nasik dated 10th September 1982 in Regular Civil Suit No.617 of 1976. That Civil Suit was filed by one Vithal Jadhav of whom the respondents are the legal representatives claiming that he is the owner of the suit premises of which the petitioner is a tenant. The landlord sought a decree of eviction against the tenant on the ground that the landlord needs the suit premises for his own bonafide occupation. The suit premises are residential premises.

(2.) THE trial Court on the basis of the evidence on record recorded in favour of the landlord on the question of his bonafide need to occupy the suit premises as also on the question of comparative hardship. As a result the suit for decree of eviction against the tenant was decreed in favour of the landlord and the tenant was directed to vacate the suit premises. In the appeal filed by the tenant, the appellate Court confirmed the findings recorded by the trial Court and dismissed the appeal. Thus, in the present petition what is challenged is the concurrent findings recorded by the Courts below.

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