RUPCHAND MULTANCHAND MUNOT Vs. KANYALAL MOHANLAL SONI

JUDGEMENT

(1.) THIS petition can be disposed of on a short premise even without going into the merits of the matter and this course is acceptable to the learned counsel for both the sides. The petitioner herein is the tenant in the suit premises located in the town of Karmala in Solapur district. The landlord of the suit premises was one Dr. Kanyalal Mohanlal Soni who filed eviction suit against the deceased petitioner-tenant making a ground under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('the Rent Act') claiming that the bonafide and reasonably required possession of the suit premises for starting his clinic because he was under a decree for eviction in respect of other premises then taken on rent by him for running the dispensary. The suit was dismissed by the trial Court but in Appeal that decree was set aside and the plaintiff's suit for possession was decreed and it is against that decree that this petition is filed under Article 227 of the Constitution by the original tenant.

(2.) AN unfortunate event occurred after the filing of this writ petition inasmuch as the original landlord Dr. Soni died. His heirs and legal representatives, no doubt, are brought on record as respondents.

(3.) IN the result and consequence the original suit stands dismissed, consequently, therefore it is not necessary to have any deeper probe in the merits of the matter and this is conceded by the learned counsel for both sides.