VASANTRAO HARIBHAU DEDGAONKAR Vs. GOVIND SADASHIV MADADGAONKAR

JUDGEMENT

(1.) The petitioner / original plaintiff / landlord is aggrieved by the judgment and order dated 20.10.2003, delivered by the appellate Court in RCA No.244 of 1999, by which, the findings of the trial Court in RCS No.25 of 1989, delivered on 8.7.1999, have been quashed and set aside.

(2.) The petitioner has argued mainly two grounds before this Court. Firstly, that the landlord requires the suit property for his personal and bonafide use and secondly, that the tenant has caused a structural change in the said suit property. It is an admitted position that the landlord claims to have let out one shop, admeasuring 33x6 feet and after renovation / reconstruction, a lesser sized shop, admeasuring 22x6 feet has been let out. Per contra, the defendant / tenant claims that two shops, admeasuring 3x22 feet each, were let out by the landlord.

(3.) When this Court admitted this petition on 30.9.2004, the final hearing in this matter was expedited.