RAMNARAYAN KISANLAL MANIYAR Vs. WAMAN TUKARAM JOSHI

JUDGEMENT

(1.) The petitioner is admittedly an owner and the landlord of the eastern wing of the three storeyed building bearing Municipal No. 146/1, situated on City Survey No. 1703, Bhavani Peth, Jalgaon. He filed a suit against respondents Nos. 1 and 2 for an order of eviction of the ground that the defendant No. 1 is the monthly tenant of the suit premises and the contractual rent of the suit premises is Rs. 24.50 p., and the tenancy month commences from the 27th day of each month and expires on the 26th day of the next month. Defendant No. 1 had committed defaults in the payment of the monthly rents. The second ground of eviction of the tenant was that defendant No. 1, has built a new house consisting of a ground floor, first and second floor, and the entire house in his possession and under the provisions of section 13(1)(l) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter for brevitys sake referred to as the Bombay Rent Act), the plaintiff would be entitled to an order of eviction on ground that the tenant has built or acquired possession which is as suitable residence.

(2.) The present suit was filed on October 24, 1970, on the allegations stated above. The respondents resisted the suit and contended, inter alia, that the family of defendant No. 1 is a very big family and inspite of new house, it is not a suitable residence, and therefore, the suit should be dismissed.

(3.) The trial Court after recording the evidence adduced by the parties came to the conclusion by his judgment and order dated July 10, 1972, that the tenant has built a house for himself and for his joint family. With regard to the arrears of rent, it is held that the tenant is not a defaulter. It is further held that respondent No. 2 is not a member of the joint family of respondent No. 1, and she has no right to stay in the suit premises and thus the landlord is entitled to the possession of the suit premises.