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SANDEEP V. MARNE
Sulochana Divakar Parkar – Appellant
Versus
Leena Ashok Bhatte – Respondent
JUDGMENT :
Sandeep V. Marne, J.
1. Revisionary jurisdiction of this Court is invoked under provisions of section 115 of the Code of Civil Procedure, 1908 (the Code) for setting up a challenge to the decree dated 13 November 2021 passed by Appellate Bench of Small Causes Court in Appeal No.35 of 2013, by which the Appellate Court has allowed the Appeal and has set aside the decree of the Small Causes Court dated 31 January 2013 passed in RAE & R Suit No.613/1164 of 1998. The Appellate Court has decreed the suit directing the Applicant/Defendant to vacate the possession of the suit premises. The Revision Applicant/Defendant is aggrieved by the eviction decree passed by the Appellate Bench of Small Causes Court and has accordingly filed the present Revision Application.
2. Facts of the case in brief are that Shop No.13 situated on Plot No.177, TPS-IV, Mahim Division, Mumbai, admeasuring 38.21 square feet carpet area located in Miranda Chawl were the original suit premises. It appears that original Plaintiff Shamrao Dinananth Bhatte was the tenant in respect of the said Shop No.13 in Miranda Chawl. It appears that Defendant was inducted in the suit premises by Plaintiff Shamrao Dinanath B
Heirs of a deceased landlord must establish their own bonafide requirement for eviction; the original requirement does not automatically extend to them.
The death of a landlord necessitates that a legal heir must establish their own bonafide requirement for premises independently, distinguishing it from the deceased's claims.
Legal heirs in eviction proceedings cannot introduce new inconsistent requirements post-decision of the original cause, as they are bound by the pleadings of their predecessor.
The bonafide requirement for eviction must be established and maintained throughout proceedings, and admissions in cross-examination do not negate established needs.
The landlord's bona fide requirement for additional living space for a growing family takes precedence over a tenant's claim to a property used occasionally for health benefits.
The bona fide need of a landlord under the M.P. Accommodation Control Act includes the needs of their spouse, and heirs can execute eviction decrees despite the original landlord's death.
The bona fide requirement for landlord's premises must be substantiated with evidence, and landlords retain the right to determine their needs for personal or business use.
The judgment establishes the principles of bonafide requirement and comparative hardship in the context of eviction under the Maharashtra Rent Control Act, 1999.
The court held that the landlord's demonstrated bona fide need for the property justified the eviction despite tenant claims of hardship.
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