The Bombay High Court addressed a dispute over the eviction of tenants on the ground of bonafide requirement, balancing the rights of the landlord's heirs and tenants under Section 16 of the Maharashtra Rent Control Act. The Court upheld partial eviction in favor of one of the heirs, modifying the decrees of lower courts.

The Court ruled that a bonafide requirement of the landlord must be considered dynamically throughout the proceedings. With one heir disinterested in the premises, a partial decree under Section 16(2) of the M.R.C. Act was appropriate to balance hardship.

1. Background of the Case

• The Applicants challenged the eviction decrees passed by lower courts on grounds of the bonafide requirement of the Plaintiff and his family for conducting dairy farming (Para 1-3).

2. Pleadings and Evidence Presented

• The Plaintiff pleaded that he and his two sons required the premises for dairy farming due to the absence of alternate accommodations (Para 4-6).
• Admissions during cross-examination indicated inconsistencies about the Plaintiff's current engagement in dairy farming and milk-selling activities (Para 13-14).

3. Lower Court Decisions

• The Trial Court upheld eviction on bonafide requirement and breach of tenancy terms but rejected other grounds like nuisance and subletting.
• The Appellate Court confirmed eviction solely on bonafide requirement (Para 3-4).

4. Key Contentions by the Parties

• Applicants: Argued that the bonafide requirement was disproved due to the advanced age of the Plaintiff and lack of current dairy activities (Para 5-6).
• Respondents: Asserted that the need for the premises persisted, especially for the Plaintiff's younger son, Brijbhushan (Para 7-8).

5. Court Analysis

• Examined admissions and advanced age of the Plaintiff to determine that his sons' need for the premises was genuine (Para 14-15).
• Recognized the changing circumstances with one heir settling the dispute, necessitating partial eviction under Section 16(2) of the M.R.C. Act (Para 18-19).

6. Final Order

• Ordered partial eviction, granting half of the premises to Brijbhushan while allowing the tenant to retain the other half (Para 20).

Acts and Sections Discussed:

1. Section 115, Code of Civil Procedure (CPC): Jurisdiction for revision of lower court decrees.
2. Section 16(1)(g), Maharashtra Rent Control Act (M.R.C. Act): Grounds for eviction based on bonafide requirement.
3. Section 16(2), M.R.C. Act: Provisions for partial eviction balancing hardship.

Ratio Decidendi:

1. The bonafide requirement must continue throughout proceedings.
2. Admissions of the elderly Plaintiff must be considered holistically, alongside corroborative evidence.
3. Courts should exercise Section 16(2) discretion to balance hardships between landlord and tenant when circumstances evolve during litigation.

Subjects:

Landlord-Tenant Disputes, Bonafide Requirement, Eviction under Rent Control.
Partial Eviction, Bonafide Need, M.R.C. Act, Section 16(2), Dairy Farming, Hardship Balance.