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1989 Supreme(Bom) 325

C.MOOKERJEE, T.D.SUGLA
Anirudhha Ramkrishna Karlekar – Appellant
Versus
Jankibai Raghunath Bedekar – Respondent


JUDGMENT - T.D. SUGLA, J.:---Out of these two petitions, Writ Petition No. 2677 of 1983 is preferred by the tenant-original defendant and Writ Petition No. 4128 of 1983 is preferred by the landlady-original plaintiff. The parties will hereinafter be referred to as 'tenant' and 'landlady' for the sake of convenience.

2. The landlady filed a suit against the tenant for possession of suit premises comprising of a shop on the grounds of illegally obstructing the use of open passage in front of the shop, causing harassment by making false allegations against her, causing nuisance and annoyance to the neighbours and on the ground of bona fide requirement of the said premises by her and her daughter-in-law specifically stating that the tenant had acquired suitable alternate accommodation and did not require the suit premises. The trial Court accepted the landlady's case and held that she was in bona fide need of the shop, that the tenant did not require the suit premises and that the conduct of the tenant amounted to annoyance within the meaning of section 13(1)(c) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short 'Bombay Rent Act'). By its judgment dated 13t




















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