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2] Heard Shri M.P. Khajanchi, the learned Counsel for

the petitioner and Shri A.H. Lohiya, the learned Counsel for

respondents.

3] The averments in the suit plaint may now be noted.

The landlord is the owner of building situated at Nazul Mohalla –

Bhanapeth, Chandrapur. The landlord avers that during the life

time of his father the defendant was inducted as tenant qua a shop

block in the said building. The tenant is carrying on business under

the name and style “Kamal Boot House”.

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3 wp5943.15.J.odt

The landlord then avers that the defendant purchased

land in the name of his wife and constructed a double storied

building and further constructed shop block in Ramnagar area

which the tenant let out. The landlord avers that the tenant also

acquired one shop block on tenancy right in the building owned by

one Mr. Bandawar which is adjacent to the suit property.

The landlord contends that the defendant has sufficient

accommodation and is in no need of the tenanted premises.

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2. The brief facts leading to this appeal can be summarized as under :-

3. The plaintiff is a co-owner of the house premises bearing 83A,off 33 rd

Road, S.V. Road, Old Khar, Khar (West), Mumbai. The plaintiff is in

occupation of the first floor, along with attic floor admeasuring 18′-8″/9′-8″

x 19’/9′- made of B.M. walls with A.C. sheets roof being part of structure

consisting of ground floor, 1st floor and attic floor known as Gomes House,

at C.T.S. No.F/227 of Village Bandra corresponding to Final Plot No.93 of

TPS-III, Bandra.

Shraddha Talekar PS 2/13

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3 AO-442-2016.J-19.3.2019.doc

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