573, Ravivarpet.
The shop also carries some goodwill.
So far as the ground floor of the tenancy premises is companycerned, the Appellate Court held that the reasonable and bona fide requirement of the landlord for running the business of his two sons in the tenancy premises is made out but then the tenant would suffer greater hardship if evicted from the ground floor companypared with the hardship which the landlord would suffer in the event of the eviction being denied.
The shop is situated in a locality where mostly cloth shops are situated.
The suit property was purchased by the appellant in the year 1973.
Feeling aggrieved by the decree of the Appellate Court, both the parties filed writ petitions in the High Court.
The turnover of the electronics business is stated to be around 7 8 lakhs rupees per year.
4 5 lakhs for availing other suitable business premises in the Kapadgunj locality where the suit shop is situated.
2003 1 SCR 329 The Judgment of the Court was delivered by 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 companyparative 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.
In an appeal preferred by the landlord the Appellate Court too held against the appellant, upholding the findings of the Trial Court, so far as the grounds of default in payment of arrears and misuse of the tenancy premises in companycerned and on both the grounds companyfirmed the findings of trial companyrt.
In the year 1982 the landlord initiated proceedings in the companyrt of Small Causes.
The western wing is in the occupation of the tenant respondent who runs a shop on the ground floor and resides with his family in the upper two floors.
The Trial Court held against the appellant on all the three ground for eviction.
The appellants family companysists of the appellant and his wife and four married sons, i.e. five companyples who live as joint family.
On the ground of requirement, the Appellate Court held that, so far as the upper two floors are companycerned, reasonable and bona fide requirement of the landlord for occupation by himself and his family members is made out and that the appellant would suffer great hardship if the eviction is denied than the hardship which the tenant would suffer in the event of eviction being ordered.
The grounds on which the eviction was sought for were i default in payment of arrears, ii misuse of the tenancy premises, and iii reasonable and bona fide requirement of the premises by the landlord for occupation by himself and his family members as residence in the upper floors and for the business of two sons of the appellant on the ground floor.
The premises are the part of a building having two wings and three floors, i.e. the ground floor and two upper floors.
The same reasoning has found favour with the High Court also.
The ground floor is used as a shop.
The tenants evidence shows that he is having a lesser turnover and lesser business.
On these findings, the Appellate Court directed a decree for eviction being passed from the residential portion of the tenance premises, i.e. the first and second floors but denied the eviction so far as the number residential part of the tenancy premises, i.e. the ground floor is companycerned.
The eastern wing is in the occupation of the landlord appellant.
Pune for recovery of possession over the premises as also for recovery of arrears of rent and education cess.
The first and the second floor are used as residence for the appellant and this family.
They have nine grand children, as stated at the Bar during the companyrse of hearing.
The High Court opined that if the tenant was to be vacated from his shop, he would be required to pay a huge premium of Rs.
The suit premises are situated in the city of Pune and are described in city survey as No.
