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2022 Supreme(Bom) 62

VINAY JOSHI
Vivek Trimbakrao Paturkar Through Proprietor Yuvraj s/o. Shrikrishnarao Paturkar – Appellant
Versus
Sow. Sulochanabai w/o. Gangadharrao . . Respondent Wattamwar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. M.K. Deshpande, Advocate
For the Respondent:Mr. P.R. Katneshwarkar h/f. Mr. A.S. Kulkarni, Advocate

JUDGMENT :

1. By this Civil Revision Application, the applicant landlord (plaintiff) has challenged the judgment and order dated 21.09.2021, passed by the District Judge-2, Parbhani in Regular Civil Appeal No.46 of 2013, by which the Appellate Court has reversed the finding of the Trial Court and passed eviction decree under the provisions of the Maharashtra Rent Control Act, 1999 (for short “the Rent Act”). The eviction decree was sought on the ground of bonafide requirement as contemplated under section 16(1)(g) of the Rent Act. The Trial Court held that the plaintiff failed to establish the ground of bonafide requirement and comparative hardship whilst the Appellate Court held that the plaintiff is entitled for possession decree on said ground.

2. The facts necessary to decide this revision in brief are that, plaintiff Sulochanabai was the owner of the suit property which is particularly described in para 1 of the plaint. The suit property is consisting of three storeyed building out of which on the ground floor the defendant - tenant was running utensils shop, whilst on upper two floors the tenant was residing with his family. The suit property was initially let out to defendant’

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