Raghubar Dayal, J. - (1.) This appeal by special leave, is directed against the order of the Bombay High Court and raises the question of the true construction of sub-cls. (g) and (hh) of sub-s. (1) of S. 13 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Act LVII of 1947), hereinafter called the Act.
(2.) The facts leading to the appeal, in short, are that the appellant is a tenant of the ground-floor of a house owned by the respondent. The respondent sued for the ejectment of the appellant on the ground that he required the entire house including the portion occupied by appellant, for his residential purpose. He further stated in the plaint: "The whole suit bungalow is very old-built about 75 years ago and at present its different parts are likely to give way and collapse. Before sometime, a little portion of an upper balcony had collapsed. In the circumstances, on finding it unsafe to stay in it without making additions, alterations and necessary changes. I, the plaintiff, am obliged to wait till I get possession of the whole bungalow. I, the plaintiff, have got the upper portion of the said suit bungalow vacated at present and only after the whole bungalow got overhauled as stated in para above. I, the plaintiff can utilize it for my personal use."
(3.) The appellant contested the suit on various grounds including the ones that the respondent did not reasonably and bona fide require the premises for his occupation and that he did not reasonably and bona fide require the premises for his occupation and that he did not reasonably and bona fide require the premises for carrying out repairs.;