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1999 Supreme(Bom) 163

T.K.CHANDRASHEKHARA DAS
Abdulraheman @ Iqbal Faljukhan Pathan since deceased through legal heirs – Appellant
Versus
Kamalaben Mohanlal Shah – Respondent


JUDGMENT - T.K. CHANDRASHEKHARA DAS, J.:---The unsuccessful tenant in both the courts below in a suit for eviction has filed this petition. That the open land bearing C.T.S. No. 5766 admeasuring 113.2 sq. mtrs in village Miraj, Tal. Miraj for the monthly rent of Rs. 50/- was taken on rent by the petitioner for his personal use. He had constructed structure in the suit premises for shop. The tenancy was terminated by the respondent on 30-9-1978 on the ground of default in making the payment of rent and also personal occupation of the landlord. The Civil Suit No. 317 of 1978 before the trial Court was filed by other respondent landlady on the aforesaid grounds and trial went on those grounds. In fact the trial Court decreed the suit on both the grounds. At the appellate stage, the landlady has given up the ground of default in payment of rent. Both the courts below found that the landlady has established her reasonable and bona fide requirement. Normally, in that circumstances, this Court is very slow in interfering to upsettings the findings of the courts below.

2.The learned Counsel for the petitioner Mr. Rege has contended that though the courts below has granted decree of evictio



















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