NARAYAN SHIVA MOTE Vs. SHANKAR MADHAV KULKARNI

JUDGEMENT

(1.) BY this writ petition filed under Article 227 of the Constitution of India, the petitioner seeks to impugn the legality and correctness of the judgment and decree passed by the IInd Addl. District Judge, Solapur on 5.12.89 affirming the judgment and decree passed by Civil Judge, Junior Division, Karmale on 23.9.86.

(2.) THE suit premises of two rooms of House NO.136, Killa area, Karnala, Dist. Solapur. THE respondent Shankar Madhav Kulkarni is the owner to be referred hereinafter as the landlord. THE suit premises are in the tenancy of the petitioner Narayan Shiva Mote (for short the tenant). THE landlord has a family comprising of himself, his wife, one son and four daughters. He is in service as primary teacher at village Manjargaon, Tal. Karmala and is residing in the rented room at Karmala with his family. After giving notice to the tenant terminating his tenancy, the landlord filed the suit for eviction against the tenant on the ground that suit premises are required reasonably and bonafide by him. THE landlord also pleaded that in case the decree for eviction was refused, he would suffer greater hardship.

(3.) MR. Kumbhakoni, learned counsel for petitioner contended that since the landlord is already in possession of the equivalent premises on rent and there is no threat of eviction to the landlord from his landlord, the courts below was not justified in decreeing plaintiff's suit for eviction.