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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 321 of 1999

PETITIONER:

BADRINARAYAN CHUNILAL BHUTADA

RESPONDENT:

GOVINDRAM RAMGOPAL MUNDADA

DATE OF JUDGMENT: 15/01/2003

BENCH:

R.C. LAHOTI & BRIJESH KUMAR

JUDGMENT:

JUDGMENT

2003(1) SCR 329

The Judgment of the Court was delivered by

R.C. LAHOTI, J. A decree for eviction in a landlord-tenant litigation

upholding availability of ground for eviction u/s 13(l)(g) of the Bombay

Rents Hotel and Lodging House Rates (Control) Act, 1947 (hereinafter ’the

Act’ for short) but denying the relief of eviction based on the finding on

issue as to comparative hardship within the meaning of Section 13(2) of the

Act is under challenge in this appeal by special leave filed by the

appellant-landlord.

The suit premises are situated in the city of Pune and are described in

city survey as No. 573, Ravivarpet. The premises are the part of a building

having two wings and three floors, i.e. the ground floor and two upper

floors. The eastern wing is in the occupation of the landlord-appellant.

The ground floor is used as a shop. The first and the second floor are used

as residence for the appellant and this family. The weste