KISHAN SALUBA Vs. DHARAMDEVI
LAWS(BOM)-1972-3-5
HIGH COURT OF BOMBAY
Decided on March 06,1972

KISHAN SALUBA Appellant
VERSUS
DHARAMDEVI Respondents

JUDGEMENT

- (1.) THE only point which arises in this special civil application directed against a decree for eviction passed by the Rent Controller at Aurangebad and confirmed in appeal by the District Judge, Aurangabad, on September 9, 1966, is whether the two authorities under the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954, were right in holding that the respondent No. 1 was entitled to apply for an order of eviction under Section 15 (3) not with standing that she was occupying a residential house in which she had a share along with her brother and sister.
(2.) THE subject-matter of dispute between the petitioner-tenant and respondent No. 1 landlady, consists of the ground floor of a portion of a building bearing Municipal No. 1155 situate at Raja Bazar at Aurangabed, Respondent No. 1 Dharmadevi became the owner of the said house under the Will executed by her father late Rai Chotelal, Curiously, Rai Chotelal had not made any Will in respect of any other property and died on April 6, 1961, leaving behind him one son and two daughters, one of whom was the respondent No. 1.
(3.) THE respondent No. 1 filed an application before the Rent Controller under Section 15 (3) of the said Act, on the ground that she needed the said house for her residential purpose and also on the ground that the petitioner had used the premises for doing the business of oil extraction, through the house was given to him only for residential purposes.;


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