KISHINCHAND MURJIMAL Vs. BAL KALAVATI
LAWS(BOM)-1972-3-4
HIGH COURT OF BOMBAY
Decided on March 14,1972

KISHINCHAND MURJIMAL Appellant
VERSUS
BAL KALAVATI Respondents

JUDGEMENT

- (1.) THESE three Special Civil Applications under Article 227 of the Constitution of India are filed by the Trustees of a Public Charitable Trust known as "manikram Menghraj Trust. " It is trust registered under the Bombay Public Trusts Act, 1950. The trustees filed three suits. R. A. E. Suit No. 4497 of 1963, R. A. E. Suit No. 782/6191 of 1963 against respective tenants who are the respective respondents in the three petitions. The suits were decreed by the trial Court and the decrees for eviction under Section 13 (1) (g) read with Section 13 (2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, in all the three suits were set aside in the three appeals filed by the respective tenants before the Appellate Bench of the Court of Small Causes on the ground that greater hardship would be caused to the tenants if a decree for eviction is passed. The said decision of the Small Causes Court is challenged in all the above petitions; and the principal question which arises for determination in these three petitions is as to whether the Appellate, Bench was right whether the Appellate Bench was right in refusing to pass a decree in the facts and circumstances of the case on the ground that no other 'suitable' accommodation was available for the tenants in the city of Bombay.
(2.) IN R. A. E. Suit No. 782/6191 of 1963, in which Special Civil Application No. 2185 of 1969 is filed, the allegations made by the trustees in the plaint may be briefly stated as under : That (the husband of respondent No. 1 and father of respondents Nos. 2, 3 and 4. Hansraj admittedly died during the pendency of the appeal before the Appellate Bench ). The trustees claimed the suit property at 2. Chowpatty Road, Bombay, bearing C. S. No. 423 of Malabar Hill and Cumbala Hill Division. The defendant Hansraj was the monthly tenant in respect of the premises on the first floor of the main building standing on the said property.
(3.) BY an order made by the Bombay City Civil Court, Bombay, in Charity Application No. 1 19 of 1957 on July 1, 1957, directions were given to the trustees for utilizing a sum of Rupees one lac and fifty thousand out of the trust fund for purchasing a plot of land and for constructing thereon a marriage hall somewhere in the suburbs of Bombay to commemorate the memory of the executor of the will, Nanikram Neghraj, as mentioned in the said will. It was also ordered that ***** thousand and Rupees two lacs and twenty five thousand should be applied cy press for construction and maintenance of a Tuberculosis Clinic in Bombay. By another order dated May 1, 1959, made by the Bombay City Civil Court, Bombay, In Charity Application No. 18 of 1959, the trustees were given liberty to set up a marriage hall on the said premises purchased by the plaintiffs at 2. Chowpatty Road, instead of in the suburbs of Bombay and also to establish a clinic of all clinical examinations and a maternity hospital, nursing home, mobile hospital and garages for mobile vans, doctors' cars, servants' quarters and other necessary structures. The trustees were also authorised by the said order to take all steps to eject the tenants in the premises at 2, Chowpatty Road and demolish the structures on the plot and to construct thereon a marriage hall, a clinic, maternity and nursing home and a charitable hospital including equipment and office premises, garages for mobile vans, doctors' cars, servants' quarters and other necessary structures and to expend for the said purpose a sum of Rupees four lacs and forty-five thousand.;


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