JUDGMENT

Syed Shah Mohammed Quadri, J.—This appeal raises an interesting question : whether on respondents 2 and 3, sons of the first respondent (tenant), building a house the appellants-landlords can seek eviction of the first-respondent under clause (l) of Section 13(1) of the Bombay Rents, Hotels and Lodging House Rates Control Act, 1947.

2. The appellants are the legal heirs of the landlord subsequent owner of premises consisting of one room admeasuring 10 x 10 in City Survey No. 2349, E. Ward, District Kolhapur (referred to as ‘the suit premises’). The suit premises was let out to the first respondent on a monthly rent of Rs. 100/- by the erstwhile owner in 1987. Respondents 2 and 3 lived with their mother till they built a bungalow in R.S. No. 690/B, Sambhajinagar, (hereinafter referred to as ‘the house’). The said owner filed the suit, out of which the appeal arises, under Section 13(1)(l) of the Bombay Rents, Hotels and Lodging House Rates Control Act, 1947 (referred to in this judgment as ‘the Act’) against the respondents for their eviction on the ground that the respondents had built the house and thus have alternate suitable accommodation for their residence. They conte