Additionally, it is submitted that a writ petition has been filed by the appellant as a matter of abundant caution, questioning validity of the aforesaid provisions, and by order dated 10.4.2003 the same has been directed to be heard along with Civil Appeal number 8017 of 2002.
The trial companyrt decreed the suit in favour of the landlord by order dated 8.4.1994.
The respondents hereinafter referred to as landlords filed a suit under Section 13 l g of the Bombay Rents, Hotel Lodging House Rates Control Act, 1947 in short the Bombay Rents Act ir 1983 seeking eviction on the ground of bona fide requirement.
Aggrieved by the said order the appellant bank filed appeal number 718 of 2001 before the Appellate Court which dismissed the same by order dated 12.7.2002.
2003 Supp 1 SCR 560 The Judgment of the Court was delivered by ARIJ1T PASAYAT, J. Leave granted.
209 of 2003 in the Bombay High Court.
It was numbericed that the landlords had a flourishing busine s and had expanded his business and the present appellant being a nation alized bank existing for general public, and in that view of the matter the prayer for eviction was turned down.
Appellant bank filed writ petition civil No.
The original landlord was restore dents predecessor in title.
The High Court by the impugned order while allowing the application for amendment held that the case was companyered by Section 3 1 b of the said Act and the writ petition was dismissed Mr. P. Chidambaram, learned senior companynsel for the appellant submitted that after having allowed the amendment relating to validity of Section 3 1 b of the Maharashtra Rent Act, the High Court was number justified in dismissing the writ application without examining that question.
Factual background as highlighted by the appellant and accepted to be companyrect in material aspects by the respondents run as follows Appellant, a nationalized bank, on the basis of a deed of lease executed on 8.4.1964 is a tenant under the respondents presently.
The High Court granted leave to amend and thereafter proceeded to examine the matter.
