D.A.DESAI, E.S.VENKATARAMIAH
Nawab Ali Alias Hawab Ali Newar – Appellant
Versus
Hira Devi Bodhia – Respondent
D.A. DESAI, J.
(1) SPECIAL leave granted.
(2) THIS mattter was heard on various dates and various alternative proposals were examined with a view to safeguarding the interests of both the sides by making an arrangement satisfactory to both of them. The landlady seeks possession on the ground that the existing structure is required to be demolished and a new construction be put up adding to it the ground that the reconstructed premises would be required for personal use of the landlady, for commercial purposes.
(3) THERE is some dispate between the parties about the extent of area now in possession of the appellant-tenant. The appellant contended that the respondent would not be able to put up the proposed construction until and unless other tenants occupying other portion of the building adjacent to and in the vicinity of the premises occupied by the appellant are evicted. It was further contended that in respect of such tenants no decree for eviction has been obtained and only the present appellant is made to vacate the premises in his possession on the ground of demolition of existing structure and reconstruction.
(4) WHEN the special leave petition c
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