( 1 ) THE petitioner landlady has invoked Article 227 of the Constitution of India and sought to challenge judgment and order dated 31 st June, 2002, passed by the Additional district Judge, Kalyan, (Appellate Court), whereby judgment and decree passed by the jt. Civil Judge, J. D. Kalyan (trial court), dated 7th December, 1998 was set aside. Resultantly, the petitioner-landlady's suit stood dismissed on the ground of acquisition of alternative suitable accommodation for residence as contemplated under the Bombay Rent. Hotel and Lodging House Rates (Control) Act, 1947 (for short 'bombay Rent Act' ). Therefore, the writ petition.

( 2 ) THE suit premises consist of kitchen and one room on the ground floor of manorama Niwas Raghuvir Nagar, Dombivali (E ). District Thane. The monthly tenancy was at the rate of Rs. 75/- exclusive of Municipal taxes and permitted increases. Some time in the year 1993, the respondent-tenant has acquired residential Flat admeasuring 504 sq. feet, bearing No. 8, on the first floor of the building known as "laxmi Darshan' opposite akshay Hospital, near Shrikhande Wadi, dombivali (East), District Thane. The said flat admittedly, is in the name of wife