SHARADABAI ANANDRAO DURGULE Vs. RAMCHANDRA MANKU POL

JUDGEMENT

(1.) The Petitioner-Landlord-Plaintiff being aggrieved by the reversal order passed by the Additional District Judge, Kolhapur whereby the Respondents tenants appeal is allowed and the Petitioner's suit for possession is dismissed on all counts i.e. reasonable and bonafide need, greater hardship and the standard rent.

(2.) The Petitioner is the owner of the part of the suit bearing Original City Survey No.512/Kh situated at Kolhapur under a Will executed by one Mr.Baburao Kushappa, the Original owner of the said building. One Mr.Ramchandra Manku Pol, now deceased, was the tenant in the ground floor premises of the said part of the house (for short, "the suit premises"). The Petitioner required the said suit premises for her bonafide use and need and occupation for starting a Kirana shop or a hotel. She is widow. She terminated the tenancy accordingly on 31/07/1978. The Petitioner filed Suit No.912 of 1978 for possession of the suit premises. The suit was resisted. The suit was decreed by an order dated 27/04/1987, on all counts. However, the District Court of Kolhapur in Regular Civil Appeal No. 172 of 1987 allowed the appeal and reverse the said decree of possession and dismissed the Petitioner's suit.

(3.) The Petitioner who is aged 71 years widow have two grandsons and one grand-daughter from elder son, Shri Subhash and his son Abhijit is a Auto Bike Mechanic. Therefore, requirement for her own business alongwith other members of the families including two sons and two grand-sons just cannot be overlooked. The requirement to accommodate such members just cannot be overlooked. The grand mother at this age with financial and physical help of family wants to start some business, I see there is no reason to not consider her case, specially when the property at ground floor is situated in the midst of the city. The desire of starting business cannot be said to be dishonest or insincere. There is ample material to support her bonafide, reasonable and genuine need of the premises. The Appellate Court below erred in law to deny the rights to occupy premises for her bonafide and reasonable need, when she has proved that the need is both genuine and reasonable. In the present facts and circumstances of the case, I am also convinced that the same is proved and the decree of eviction must follow on this ground of bonafide need.