RUKMINIBAI MOTIRAM KSHIRSAGAR Vs. MANORAMABAI MALLIKARJUN BAGALE

JUDGEMENT

(1.) Introduction:

(2.) Generations ago, one landlord let a piece of property-two shops-to one tenant. The tenancy continued. Both the original landlord and the original tenant passed away. Later, their legal heirs succeeded on either side. Eventually, in 1986 the wife and seven children of the immediate predecessor-landlord filed Suit No.585/1986 to evict the tenants, on the grounds of bona fide requirement and arrears of rent. During the trial, it seems, the owners gave up their claim on the arrears of rent, but they persisted with the bona fide requirement under Section 13(1)(g) of the Bombay Rent Control Act. Eventually, in 2001, the trial Court decreed the suit.

(3.) Aggrieved, the tenants filed Civil Appeal No.343 of 2001. That appeal too was dismissed. Thus, the tenants suffered concurrent findings. As a matter of collateral development, three defendants, that is the defendants 3, 5 and 7, died pending the suit. The owners did bring on record the legal representatives (LRs) of the 5th and the 7th respondents. But could not bring on record the LRs of the 3rd defendant. Eventually, the Appellate Bench of the Small Cause Court dismissed the Appeal.