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1980 Supreme(Bom) 69

SHARAD MANOHAR
Laxman Shripati Yadav & others – Appellant
Versus
Dhirajrai Nanabhai Khatri – Respondent


JUDGMENT - SHARAD MANOHAR, J.:---The question that falls for decision of this Court in this petition is of a somewhat ticklish character. It relates really to the interpretation of section 13(1)(g) read with section 13(2) of the Bombay Rent, Hotel and Lodging House Rates Control Act, 1947 (hereinafter, the Rent Act). The said two provisions aim at striking a balance between the respective rights of a landlord and a tenant. The question that arises in this petition is as to what weight is to be accorded to the fact that the plaintiff, who bona fide requires the possession of the rented premises, is the owner of the same. In other words, the question is what is the degree of the social constraint envisaged by section 13(2) of the Rent Act upon the right of the title paramount in connection with the possession of the hereditament.

2. The facts of the case are as follows :---

(a) The suit premises are house No. 1573 at Bhimpura Cantonment, Pune. The premises consist of two rooms which are let out to the respondent in this petition. The monthly rent together with the permitted increases was Rs. 30.75 P. There is no dispute that the respondent has been residing in the suit premises since

































































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