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2007 Supreme(SC) 207

B.P.SINGH, HARJIT SINGH BEDI
Julieta Antonieta Tarcato – Appellant
Versus
Suleiman Ismail – Respondent


JUDGMENT:

B.P.SINGH, J.

In these appeals by special leave the appellant has impugned the judgment and order of the High Court of Judicature at Bombay dated July 27, 2004 in Writ Petition No.4261 of 1991. The High Court by its impugned judgment and order allowed the writ petition filed by the tenant-respondent herein and dismissed the application for eviction filed by the appellant to evict the respondent from the suit premises which is a flat located at Bandra in the city of Mumbai. While doing so, the High Court set aside the appellate order of a bench of the Court of Small Causes, Mumbai which had held that the landlady appellant herein had established her case of bonafide personal need of the suit premises. Having regard to the finding recorded by the High Court it is not necessary to reproduce the facts of the case in detail but to appreciate the findings of the High Court it is necessary to state the facts as briefly as possible.

The appellant herein undoubtedly, is the owner of the suit premises. She was residing in the suit premises till December, 1971 when she suffered serious burn injuries. In the unfortunate circumstances, since there was no male member residing with her
















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