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1982 Supreme(Bom) 31

R.D.TULPULE
Abdul Samad Makhadum Baksh Shaikh – Appellant
Versus
Sudha Akant Parakhe – Respondent


JUDGMENT - Tulpule R.D. J.-These four petitions raise common questions of law and fact. The respondent is the landlady and owner of Houses Nos. 136 and 137 situate in the Railway Lines area at Solapur. The petitioners are tenants of the said premises along with others. The two houses which adjoin have in all amongst them seven tenants and seven tenements each occupied by a tenant.

2. The respondent purchased House No. 136 in a Court sale on 23rd

April 1969. Later House No. 137 was purchased under a deed in February

1971. After thus purchasing the two houses, the respondent served upon the petitioners a notice to quit. That was on 3rd September 1971. That notice claimed possession on several grounds. It appears that in the mean time on 6th September 1976 the Municipal Corporation at Solapur has served a notice under section 264 of the Corporations Act requiring the landlord respondent to demolish the southern wall as it had become dangerous and was liable to fall. The respondent claimed possession on the ground that she required these premises for her bona fide personal occupation. She stated in the plaint that there are 30 to 32 persons in her family and that for want of accommodation




































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