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2005 Supreme(SC) 250

G. P. MATHUR, P. P. NAOLEKAR
Adil Jamshed Frenchman (D) By Lrs. – Appellant
Versus
Sardar Dastur Schools Trust – Respondent


Judgment

P.P. Naolekar, J.—Leave granted.

2. The Third Additional District Judge, Pune, seized of hearing a first appeal, allowed an application under Rule 27 of Order 41 of the Code of Civil Procedure, 1908 (hereinafter ‘the Code’ for short) seeking production of four documents in additional evidence. The High Court has, by its impugned order passed in exercise of revisional jurisdiction under Section 115 of the Code, set aside the order of the first appellate court.

3. This is a landlord-tenant suit in which the eviction of the tenant is sought for under Section 13 of the Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947 on several grounds, namely, that the landlord reasonably and bona fide require the premises for occupation by himself, that the tenant had, without the landlord’s consent, erected on the premises a permanent structure and that the tenant had changed the user of the tenancy premises by conducting the coaching classes therefrom.

4. The trial court decreed the suit and directed the tenant-appellant to be ejected but only on the ground of reasonable and bona fide requirement of the landlord. The availability of other grounds for ejectment was held not to hav








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