INDIAN SCIENTIFIC GLASS INDUSTRIES Vs. M K MAHIPALSINGH INDIAN INHABITANT HAVING HIS ADDRESS C/O CRICKET CLUB OF INDIA, CHURCHGATE

JUDGEMENT

(1.) This is a classic case where the petitioner, who is not an ordinary but an affluent tenant engaged in several businesses, has kept away the respondent now 87 years of age, from his only residential premises situated at Mumbai since last more than 40 years. The eviction suit of the respondent/landlord against the petitioner/tenant is of the year 1978, instituted on the ground of bonafide requirement of the respondent. The respondent succeeded before the trial Court as also the appellate Court in proving his bonafide requirement of the suit premises, however, is unfortunately required to wait for all these years to receive the fruits of the decree.

(2.) The petitioner is a registered partnership firm occupying residential premises at Malbar Hill, Mumbai as a tenant of the respondentlandlord. The respondent had instituted an eviction Suit No.962/3355 of 1978 before the Small Causes Court at Bombay against the petitioner on the ground of bonafide requirement. The suit was partly decreed by the learned trial Judge thereby dividing the suit premises between the respondentlandlord and the petitionertenant. Both the parties had assailed the judgment of the trial Judge by approaching the appellate bench of the Small Causes Court. The appellate bench by its judgment and order dated 7 August 1998 confirmed the findings of the learned trial Judge on bonafide requirement and has fully decreed the respondent's eviction suit and dismissed the petitioner's appeal. The petitioner/tenant being aggrieved by the eviction decree and the concurrent findings of both the Courts below has preferred this petition.

(3.) In brief the facts are: