Case Note & Summary
The petitioner, Smt. Yamunabai Kalangauda Patil, a landlady, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and order dated 22.10.1991 of the appeal court in Civil Appeal No.361/1989. The appeal court had set aside the eviction decree passed by the trial court in Civil Suit No.1393/1985. The eviction suit was instituted on two grounds: default in payment of rent and bonafide need of the landlady for the demised premises for herself and members of her family. The trial court decreed eviction on both grounds. The appeal court allowed the tenants' appeal and set aside the decree. In the High Court, the landlady's counsel confined arguments to the ground of bonafide requirement. The bonafide requirement was based on the need of Prakash, the son of the landlady's pre-deceased daughter. The relevant provision is Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The High Court held that the grandson is a member of the family and his requirement can be considered as bonafide requirement of the landlady. The appeal court's view that the grandson is not a member of the family was erroneous. The High Court allowed the writ petition, set aside the appeal court's order, and restored the trial court's eviction decree.
Headnote
A) Rent Control - Bonafide Requirement - Member of Family - Section 13(1)(g) Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - The landlady sought eviction on ground of bonafide requirement for her grandson (son of pre-deceased daughter). The trial court decreed eviction but the appeal court set it aside. The High Court held that the grandson is a member of the family and his requirement can be considered as bonafide requirement of the landlady. The appeal court erred in holding otherwise. (Paras 1-4)
Issue of Consideration
Whether the requirement of a grandson (son of pre-deceased daughter) can be considered as bonafide requirement of the landlady for the use of the demised premises under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.
Final Decision
Writ petition allowed. Judgment and order of appeal court set aside. Decree of eviction passed by trial court restored.
Law Points
- Bonafide requirement
- Member of family
- Grandson
- Section 13(1)(g) Bombay Rents Act
- 1947
- Eviction decree
