UDAYAN VINAYAK MODAK Vs. MADHAVI CHANDRASHEKHAR KALE

JUDGEMENT

(1.) Introduction:

(2.) The pleadings, as set out by the landlord, present a poignant picture; so too are the arguments, as advanced by the learned Senior Counsel for him: argumentum ad hominem. That said, I am afraid emotional elements may not affect the cold letter of law, nor do they alter the facts-as concurrently approved.

(3.) Let us refer to the facts only as required for our adjudicating this writ petition under this Court's supervisory powers. Mrs. Vrushali, alias Yogini Udayan Modak, was the landlady; she had that property bequeathed to her by her father. During her lifetime, she filed Civil Suit No.396 of 2007. She wanted to evict four tenants on the grounds of arrears of rent and bona fide requirement. The 1st and 4th tenants are sisters; they alone contested the suit. The second and the third defendants, said to be the other tenants, filed written statement but did not contest the case. They seemed uninterested. In fact, they are not living in the leased property.