LAWS(BOM)-1988-6-42

SUNDERJI THAKARSI DHANJI Vs. PUSHPA K. HARIRAMANI

Decided On June 15, 1988
Sunderji Thakarsi Dhanji Appellant
V/S
Pushpa K. Hariramani Respondents

JUDGEMENT

(1.) THESE two petitions arise out of proceedings instituted by the landlady against her tenant under the provisions of the Bombay Rents, Hotel and Lodging House Rent Control Act, 1947, hereinafter referred to as "the Bombay Rent Act". The petitioner in Writ Petition No. 1 was the plaintiff. The plaintiff has preferred Writ Petition No. 4042 of 1986 under circumstances which will become apparent after the complete narration of facts. For the sake of convenience, the parties in this judgment are being described in their original character in the Court of first instance, namely, as the plaintiff and the defendant.

(2.) THE suit premises in respect of which a decree for possession has been passed by the Court of first instance and confirmed by the appellate Court, consists of four rooms and a kitchen with two toilet units. On the first floor of the building, the suit premises are situated and on the ground floor the plaintiff resides with her family.

(3.) THE suit was resisted by the defendant by denying the reasonable and bonafide nature of the requirement of the suit premises by the plaintiff. The defendant also resisted the suit by contending that he has not acquired, built or has been allotted a residence after the coming into force of the Bombay Rent Act.