LAWS(BOM)-1997-1-113

KRISHNABAI PAI Vs. RAMESH DINANATH SARANGDHAR

Decided On January 16, 1997
Krishnabai Pai Appellant
V/S
Ramesh Dinanath Sarangdhar Respondents

JUDGEMENT

(1.) RULE . By consent of parties, Rule made returnable forthwith and heard finally.

(2.) BY this petition, the petitioner-tenant challenges the concurrent findings of facts recorded by both the Courts below. The landlady sought a decree of possession against the tenant on the ground that she bona fide needs the premises. Both the Courts below, after appreciating the material on record, have recorded a finding that the landlady has established her reasonable and bona fide need and, therefore, the decree of possession has been passed in her favour.

(3.) AT this stage, learned counsel for the respondents submitted that, considering the age of the petitioner, the respondents also do not want to inconvenience her and that they are agreeable not to execute the decree against the petitioner for a period of four years or till the petitioner expires, whichever event occurs earlier. Thus, the respondents are agreeable to grant a maximum period of four years to the petitioner to vacate the suit premises. Of course, their concession made above is subject to the condition that the petitioner and Nagraj, who according to the petitioner is staying with her, submitting an undertaking to this Court in the usual form within a period of two weeks from today. I think this concession made by the respondent landlords takes care of any difficulty that may be faced by the petitioner and this concession has been made by the respondents only having regard to the advanced age of the petitioner. In my opinion, in view of this concession, nothing further remains to be done.