( 1 ) THE petitioner is original defendant in R. A. E. Suit No. 755/2609 of 1983. The respondent is the original plaintiff in that suit. For the sake of convenience it would be better to refer to the parties as per their status in the suit.

( 2 ) THE plaintiff filed the instant suit for recovery of possession of the premises i. e. Flat No. 25 situated on 4th floor of Vishwa mahal, Plot No. 51, Churchgate Reclamation, bombay - 400 020 ("the suit premises" for short) on the ground that the plaintiff requires the suit premises reasonably and bonafide for his residential purpose and for his family members. The suit was filed under Section 13 (l) (g) of the Bombay Rents, Hotel and lodging Housing Rates (Control) Act, 1947 ("rent Act" for short ).

( 3 ) THE plaintiffs case will have to be shortly stated. The plaintiff was working as re-settlement officer before his retirement in Rajasthan. He retired in March, 1983. The defendant is the monthly tenant of the suit premises on monthly rent of Rs. 450/ -. According to the plaintiff he gave notice dated 3rd May, 1979 demanding the possession of the suit premises from the defendant. The plaintiff terminated the tenancy of the defendan