the rent companytroller as well as the assistant judge who heard the appeal found that the tenants were number in default in payment of rent.
hence this appeal by special leave.
appeal by special leave from the judgment order dated the 12th february 1974 of the bombay high companyrt in revision application number 136 of 1968.
civil appellate jurisdiction civil appeal number 1586 of 1974.
balakrishnan and n. m. ghatate for the respondents.
it is admitted that the landlords have a hardware shop at udgir where they have their own residence as well.
section 25 provides for filing of appeals and runs as follows appeal 1 numberwithstanding anything contained in any law for the time being in force an appeal from an order made by the controller shall lie within 30 days from the date of such order to the district judge 2 x x x the appellate authority shall send for the records of the case from the companytroller and after giving the parties an opportunity of being heard and if necessary after making such further inquiry as it thinks fit either personally or through the companytroller shall decide the appeal.
n. phadke and a. g. ratnaparkhi for the appellants.
being aggrieved by the decision of the companyrts below the landlords preferred a revision application under section 26 of the act to the high companyrt of bombay.
both the courts also companycurrently held that the landlords failed to establish the bona fide requirement for their own use and occupation.
the facts may briefly be stated the landlords respondents herein made an application to the rent companytroller for an order of eviction of the tenants appellants herein on two grounds namely default in payment of rent and secondly requirement of the premises for their personal occupation to open a hardware shop at latur where the premises are situated.
