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HIGH COURT OF BOMBAY
MADHAV J. JAMDAR, J
Khurshed Rustom Engineer – Appellant
Versus
Ajita Ranjit Madhavji – Respondent
JUDGMENT :
1. Heard Mr. Pradeep Thorat, learned Counsel for the Applicant and Mr. Viren Asar, learned Counsel for the Respondents.
Challenge:
2. By the present Writ Petition, challenge is to the legality and validity of the Judgment and Decree dated 20th February 2019 passed by the learned Judge, Small Causes Court, Mumbai in R.A.E. Suit No.1038/1876 of 1998 as well as the Judgment and Decree dated 23rd October 2024 passed by the learned Appellate Bench of Small Causes Court, Mumbai in Appeal No.150 of 2019. Both the learned Courts have passed concurrent decree on the ground of acquisition of an alternate premises and on the ground of bonafide requirement.
Submissions of the Applicant:
3. Mr. Thorat, learned Counsel for the Applicant raised the following contentions :-
i. Every time written statement has been amended pointing out certain aspects and thereafter the Plaint has been amended accordingly and thus Plaintiff has not come with clean hands. He submitted that therefore both the Courts have committed error in decreeing the suit on the ground of bonafide requirement.
ii. He submitted that the Plaintiff was in possession of the residential premises in an adjoining building consisting
The court upheld the eviction decree based on the landlord's bonafide requirement, emphasizing that subsequent events post-1999 Rent Act cannot negate established needs under the Bombay Rent Act, 194....
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 court ruled that a landlord's claim for eviction on grounds of bonafide requirement is not established when evidence shows availability of alternate premises and no genuine need.
Heirs of a deceased landlord must establish their own bonafide requirement for eviction; the original requirement does not automatically extend to them.
The landlord's bona fide requirement for eviction is established even if he owns other properties, and the tenant cannot dictate the landlord's use of his properties.
The heirs of a deceased tenant lack standing to contest an eviction order under rent law unless they can demonstrate a direct legal relationship to the tenant and relevant evidence supporting their c....
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