HASMUKHBEN DEVENDRA SHUKLA Vs. NILKANTH

JUDGEMENT

(1.) LEAVE to amend. By this petition filed under Article 227 of the Constitution of India, the petitioner challenges the order dated 13-11-1997 passed by the Division Bench of the Small Causes Court at Bombay in Appeal No.97 of 1996. That appeal was filed by the predecessor of the present petitioners, Devendra Pran Jivan Shukla, challenging the order dated 7-3-1996 passed by the Single Judge of the Small Causes Court at Bombay in R.A.E. & R. Suit No.3286 of 1979. That suit was filed by the respondent Dr.Dave claiming that he is the owner of property known as Dave Estate situated at S.V.Road, Goregaon (West), Bombay and that Devendra is a tenant of Room No.9.

(2.) THE landlord sought decree of eviction against the tenant on two grounds. One, that the tenant is not ready and willing to pay the rent. Secondly, that the tenant secured alternative accommodation. The trial Court decreed the suit in favour of the landlord on the ground of default in payment of rent. The court however found against the landlord on the ground of acquisition of alternate accommodation. In the appeal, the appellate Court confirmed the findings recorded by the trial Court.

(3.) THE learned counsel relied on two judgments of the Supreme Court, one in the case of Ibrahim A.R.Shaikh v. Krishnamorari S.Agarwal reported in 1995(3) Bombay Cases Reporter, page-1 and another judgment of the Supreme Court in the case of Swami Ratanbabu v. Wamanrao Shankarrao Deshmukh reported in 1996(1) All India Rent Control Journal, page - 17.