GAJANAN KRISHANAJI WAKANKAR Vs. MADHUKAR RAJARAM PADHYE

JUDGEMENT

(1.) THE petitioner is in occupation of two rooms admeasuring 10'x10' and 8'x10' on monthly rent of Rs. 80/-. The tenant had advanced certain amount to the original landlord Madhukar for construction of premises and the agreement between the parties provided for adjustment of loan towards the rent payable. Landlord Madhukar was in occupation of one room admeasuring 10'x12' in the same house. The landlord terminated the tenancy by notice dated July 28, 1975 and demanded arrears of rent. Subsequently suit was filed for recovery of possession of two rooms on the ground of default and bonafide personal requirement. The ground of default does not survive for consideration as both the courts below have concurrently held that tenant was not guilty of committing default in payment of rent. Both the courts below concurrently held that the requirement made out by the landlord was both bonafide and reasonable. On the issue of comparative hardship the courts held that the hardship both to the landlord, and the tenant would be equal and the hardship could be mitigated if two rooms in possession of the tenant are given to the landlord on condition that one room in possession of the landlord would be leased out to the tenant. The decision of the Extra Joint Judge, Poona delivered on September 9, 1980 directing delivery of two rooms on condition is under challenge in this petition filed under Article 227 of the Constitution of India.

(2.) SHRI Nargolkar, learned counsel appearing on behalf of the tenant, submitted that the two courts below were in error in holding that the requirement of the landlord was bonafide and reasonable. It is not possible to accede to the submission of the learned counsel. The original tenant Madhukar died during tenancy of the suit leaving behind his widow Malati and son aged 10 years and daughter aged 6 years. The evidence indicates that Madhukar's sister is also residing with the family, with the result that four members, including two growing up children are required to reside in a small room admeasuring 12'x10'. In these circumstances the finding of the two courts below that the requirement of the landlord is genuine cannot be faulted with.

(3.) ACCORDINGLY , petition fails and rule is discharged, but in the circumstances of the case there will be no order as to costs. Petition dismissed.