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2022 Supreme(Online)(Bom) 1961

HIGH COURT OF BOMBAY
Mangesh S. Patil, J
Sanjay Vijaykumar Darakh – Appellant
Versus
Mohammed Shukur s/o Sk. Chand – Respondent


Advocates:
For the Appellants/Petitioners: Mr. M. G. Mustafa
For the Respondents: Mr. S.S. Kazi

Table of Content
1. eviction based on bona fide need for personal use. (Para 2 , 3 , 4)
2. court observations on reasonable and bona fide needs. (Para 5 , 11 , 13 , 19)
3. arguments regarding evidence appreciation and allegations of suppression. (Para 6 , 8)
4. comparison of hardship between landlord and tenant. (Para 10 , 12)
5. final verdict of dismissal upholding lower court's decision. (Para 21)
JUDGMENT :

Heard learned advocates of both the sides finally with consent.

2. By way of this revision under Section 115 of the Code of Civil Procedure the petitioner who is the original defendant is challenging the judgment and decree passed by the trial court in a suit filed by the respondent, for his eviction on the ground of reasonable and bona fide requirement for personal use and occupation of the demised premises as contemplated under Section 16 (1)(g) of the Maharashtra Rent Control Act, 1999 (hereinafter ‘the Act’), as also the judgment and order of the lower appellate court dismissing his appeal preferred under Section 34 of the Act.

3. The demised premises is a shop admeasuring 20 feet x 10 feet which has been in possession of the petitioner since the year 1999 when one Aseer Khan was

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