JUDGMENT

R.C. Lahoti, J.-A decree for eviction in a landlord-tenant litigation upholding availability of ground for eviction under Section 13(1)(g) of The Bombay Rents Hotel and Lodging House Rates (Control) Act, 1947 (hereinafter the Act for short) but denying the relief of eviction based on the finding on issue as to comparative hardship within the meaning of Section 13(2) of the Act is under challenge in this appeal by special leave filed by the appellant-landlord.

2. The suit premises are situated in the city of Pune and are described in city survey as No. 573, Ravivarpet. The premises are the part of a building having two wings and three floors, i.e. the ground floor and two upper floors. The eastern wing is in the occupation of the landlord-appellant. The ground floor is used as a shop. The first and the second floor are used as residence for the appellant and his family. The western wing is in the occupation of the tenant-respondent who runs a shop on the ground floor and resides with his family in the upper two floors. The appellant s family consists of the appellant and his wife and four married sons, i.e. five couples who live as a joint family. They have nine grandchild