1983 Supreme(Bom) 168
C.S.DHARMADHIKARI
Ayodhyabai Shrivallabha Lahoti (Sau. ) – Appellant
Versus
Sumanchand Rupchand Phulpagar (Shah) by heirs – Respondent
JUDGMENT - C.S. DHARMADHIKARI, J.:---The petitioner landlady is the owner of the building bearing House No. 138 /B, Narayan Peth, Pune. The deceased Sumanchand was the tenant of two rooms on the first floor of this building and the rent payable was Rs. 37.02 paise. The plaintiff-landlady filed a suit against original defendant-tenant on 15th January, 1974 on the ground that the defendant was in arrears of rent for more than six months and had neglected to make payment thereof within one month after the receipt of the notice under section 12(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the Rent Act). Thus it was the case of the plaintiff that she was entitled to a decree under section 12(3)(a) of the Rent Act. She also sought eviction of the tenant on the ground that she reasonable and bona fide required the suit premises for the occupation for her family members. Thus she claimed possession of the premises under section 13(1)(g) of the Rent Act. She had also contended that she is entitled to a decree under section 13(1)(c) on the ground of nuisance and annoyance. The defendant denied all the allegations and contended that
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