Revision against eviction for bona fide need. Dismisses plea regarding vacant rooms. Upholds lower courts finding of reasonable need.
Application dismissed. Decree of trial court and appellate bench maintained.
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CRA 47 OF 2012
vks
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE - CIVIL CIVIL REVISION APPLICATION NO.47 OF 2012.
Narayan Vasant Vengurlekar .. Applicant.
V/s.
Manish Dinesh Shah and others .. Respondents.
Mr. K. S. Dewal i/by Msd. A.S. Malvankar, for the Applicant. Mr. P. S. Dani, for the Respondent Nos 1 & 2.
CORAM : R.C.CHAVAN, J.
DATE : 5th July, 2013
P.C.
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CRA 47 OF 2012
the plaintiffs is 78 years old lady, the
mother of other plaintiff, who is staying in a rented accommodation elsewhere. Therefore, needs to stay with her children in the premises occupied by the tenant.
possession other premises vacated by the other
tenants. However, the learned counsel for the
respondents submits that no such rooms have been vacated and in fact those rooms are
locked. The learned trial Judge has held that
if the landlord has secured possession of some other accommodation from the other tenants and
is not using the accommodation for the purpose
for which the landlords secured it, those
tenants would have right to take appropriate action against the landlords. There is nothing
wrong in the view taken by the learned trial
Judge as well as the Appellate Bench. Since the need, which is established in the trial
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CRA 47 OF 2012
Court and upheld by the Appellate Bench of Court of Small Causes, is reasonable and bonafide inasmuch as the landlords want the possession of the room to accommodate one of them, the aged mother of the other plaintiff, there is nothing to indicate that the conclusions drawn are perverse or untenable. Therefore, no fault can be found with the decree passed by the trial Court, maintained upon an appeal by the Appellate Bench. The application is, therefore, dismissed.
page 3 of 3
Narayan Vasant Vengurlekar
Manish Dinesh Shah
R.C. CHAVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
