VIMAL BHAGWAN BHANGALE Vs. SUDAMA ASSOCIATES PVT. LTD

JUDGEMENT

(1.) Heard Mr. Singh, learned Counsel for the applicants and Mr.Ingle, learned Counsel for the respondents at length.

(2.) By this Application under Section 115 of the Code of Civil Procedure, 1908 (for short 'C.P.C.'), applicants, hereinafter referred to as 'defendants No.7 and 4' respectively, have challenged the judgment and decree dated 03.09.2011 passed by the learned II Joint Civil Judge, Junior Division, Kalyan in Regular Civil Suit No.396 of 1998 as also the judgment and decree dated 02.02.2019 passed by the learned Ad-hoc District Judge-1, Kalyan in Regular Civil Appeal No.189 of 2012. By these orders, the Courts below decreed the Suit instituted by the first respondent, hereinafter referred to as 'plaintiff', under Section 13(1)(l) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short 'Act').

(3.) The plaintiff has instituted Suit for recovery of possession of room No.10 in chawl No.6 known as 'Gokhale Wadi' situate at Pandurangwadi, Dombivali (East), Taluka Kalyan, District Thane (for short 'suit premises') invoking the grounds under Sections 13(1)(k) (non- user of the suit premises without reasonable cause for a continuous period of six months immediately preceding the date of the suit) and 13(1)(l) (acquisition of suitable alternate residence) of the Act. The plaintiff contended that Bhagwan Trimbak Bhangle (for short 'Bhagwan') was tenant in respect of the suit premises. After coming into force of the Act, Bhagwan had acquired alternate accommodation at Bingo Plaza, Shrikhande Wadi, Dombivli (East), Taluka Kalyan, District Thane, The premises acquired by Bhagwan are suitable for him. The defendant is, therefore, liable to quit and vacate and deliver the peaceful and vacant possession of the suit premises to the plaintiff.