C K RAO Vs. KANTA UDHARAM JAGASIA MISS

JUDGEMENT

(1.) THE present revision application has been filed by the original-opponent seeking to challenge the judgment and order dated 31st March, 1990 passed by the Component Authority, Konkan Division, in case No. 2 of 1988. By the said order, the application of the respondent original-applicant for possession under section 13-A1 (1) (A) (ii) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as "the Bombay Rent Act") on the ground that the applicant who holds a scientific post in the department of Atomic Energy bona fide requires the suit premises for her occupation was decreed. The suit premises consist of flat No. 3 situate on the ground floor, Sindhi Immigrants Co-op. Housing Society Ltd. , Little Malbar Hill, Chembur, Bombay 400 071. The same is in possession of the opponent on rent of Rs. 138/- per month. The said flat is situate in a building which consists of ground, first and second floor. The said building is constructed on a land belonging to the aforesaid Sindhi Immigrants Co-op. Housing Society Ltd. of which the applicant is a member. Initially one Smt. Nawabai wife of Udharam was a member of the said Society. On 1st December, 1949 Motiram, son of the aforesaid Nawabai was accepted as a member in palce of Nawabai. On 14th November, 1961 Udharam became a member in place of Motiram. Udharam in his capacity of being a member of the aforesaid society and having been allotted the plot of land constructed the present building which consists of the ground, first and second floors. On 11th September, 1969 Udharam died leaving behind him three sons and three daughters. The applicant is one of the said three daughters. On 21st September, 1969 a deed of declaration was executed between the aforesaid sons and daughters whereunder the ground floor was allotted to the share of the applicant and her brother Hiranand. The first and second floor were allotted in favour of the other sons and daughters. The aforesaid arrangement was accepted by the Society by its resolution dated 24th September, 1969. On 31st January, 1988 the Society accepted the arrangement arrived at between the applicant and Hiranand whereunder Flat Nos. 1 and 2 of ground floor were allotted to the applicant. It may be mentioned at this stage that flat No. 1 is in possession of the applicant and her brother Hiranand whereas flat Nos. 2 and 4 are in possession of tenants.

(2.) THE applicant filed the present application for possession stating that she holds a scientific post in the department of Bhabah Atomic Research Centre (hereinafter for the sake of brevity referred to as "the BARC ). She is a doctor in charge of a dispensary of the BARC in Chembur. According to her, she is required to reside alongwith her brother Hiranand and his family members in flat No. 1 which is insufficient to accommodate all the family members of Hiranand and herself. It is her further case that her relations with her sister-in-law are strained and the said sister-in-law has called upon her to vacate the said flat. She, therefore, bona fide requires the suit premises for her own occupation.

(3.) THE said application was resisted by the opponent by filing his written statement. The opponent denied that the applicant held a scientific post in the department of BARC. He further denied that the applicant was the owner of the suit flat. He denied the relationship of a landlord and tenant between the applicant and himself and claimed to be the tenant of one Manu Udharam Jagasia, the brother of the applicant. According to him, he had paid rent to the applicant and others on the request of the said Manu. He contended that flat No. 1 on the ground floor has been sub divided into flat Nos. 1a and 1b. According to him, flat No. 1a was occupied by Hiranand and Flat No. 1-B is in possession of the applicant. The opponent challenged the certificate issued under section 13a1 (1) (A) (b) which was set up by the applicant for claiming possession. The opponent prayed that the application of the applicant be dismissed with costs.