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1993 Supreme(SC) 895

K.RAMASWAMY, N.P.SINGH
Baba Kashinath Bhinge – Appellant
Versus
Samast Lingayat Gavali – Respondent


ORDER

1. The appellant-tenant had leave of this Court against the judgment of the Bombay High Court in Writ Petition No. 1064 of 1980 dated June 27, 1983. The respondent-landlord filed an application under Section 13(1)(g) of the Bombay Rents, Hotel & Lodging House Rates Control Act, 1947 (for short the Act) for ejectment, on the ground that the respondent-landlord requires the premises bona fide for accommodation of pilgrims etc. The trial court dismissed but on appeal the District Judge granted decree of eviction. The High Court in the writ petition affirmed it. Shri Tarkunde, for the appellant, pressed for consideration threefold contentions. Firstly, that the respondent had not pleaded specific requirement to show its bona fides and the courts below ought to have non suited the landlord for lack of proper pleading. Secondly, he contended that before the decree of eviction was passed in 1980, the respondent-trust had let out in 1979 two shops of the upper portion of the building to new tenants which would show that the need is not bona fide. Thirdly, he contended that for over 60 years the appellant has been carrying on the sale of sweetmeats business in the demised premises. If












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