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Bombay High Court

SHRI RAMCHANDRA GOVIND GEHANIversusSHRI MOHD. HANIF ABDUL SHAIKH

Decided
Disposal
Dismissed

Holding

The revision is dismissed, upholding the trial and appellate courts' findings that the eviction suit fails on all three grounds.

Summary

The landlord, Shri Ramchandra Govind Gehani, filed a civil revision challenging the trial and appellate courts' concurrent findings that his eviction suit under the Rent Act should be dismissed. The landlord relied on three grounds: the tenant’s alleged willful default in rent, unauthorized permanent construction, and the landlord’s bonafide requirement for the premises. The courts held that no statutory notice of default was served, the tenant had deposited rent and property taxes, and therefore could not be deemed a willful defaulter. They also found that the tenant’s construction of a latrine was authorized by the Nagarparishad, negating the permanent‑construction ground, and that the landlord’s claim of needing the rooms for business was unsupported, especially given the tenant’s evidence of the rooms’ good condition. The revisional court affirmed the lower courts’ decisions, finding no error in the application of Rent Act principles, and dismissed the revision under Section 115 of the CPC.

Issues considered

  • Whether the tenant can be declared a willful defaulter without a statutory notice under the Rent Act
  • Whether the tenant’s construction of a latrine constitutes unauthorised permanent construction
  • Whether the landlord’s claim of bonafide requirement for the premises is substantiated

Legislation cited

Subjects

  • eviction
  • Rent Act
  • willful defaulter
  • bonafide requirement
  • permanent construction
  • civil revision
  • Section 115 CPC

Judgment

2026:BHC-AS:10581



                    Diksha Rane                                                22 CRA 360 2008.doc




                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION

                                                  22 CRA/360/2008
                                                        [Civil]
                                          SHRI RAMCHANDRA GOVIND GEHANI
                                                          VS
                                           SHRI MOHD. HANIF ABDUL SHAIKH
                                                      ------------
                                                    None present.
                                                      ------------

                                                    CORAM :         RAJESH S. PATIL, J.

                                                    DATE    :       4 MARCH 2026.

                    P.C. :

                    1)            The present civil revision application is filed by the landlord

                    challenging the concurrent findings recorded by the trial Court and

                    the Appellate Court.

                    2)            The present applicant-landlord of the suit premises filed a suit

                    for eviction under the Rent Act on the ground of willful defaulter,

                    bonafide requirement and permanent construction made by the

                    tenant without permission. The plaintiff examined two witnesses and

                    the defendant examined himself. The trial Court and the Appellate

                    Court concurrently held that as far as the ground of “defaulter” is

                    concerned, there is no Statutory Notice issued by the landlord. The

                    tenant has preferred an application on 29/3/2004 before the trial


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Diksha Rane                                              22 CRA 360 2008.doc




Court wherein he deposited the rent of Rs.2,520/-. The tenant has

also deposited the property taxes of suit premises with the

Nagarparishad. Therefore, the tenant cannot be called as “willful

defaulter”.

3)            As regards the ground of permanent construction is concerned,

from the evidence it can be seen that the defendant was allotted two

rooms in which there was no latrine. The Nagarparishad had issued

Notice to construct a new latrine. Pursuant to which the tenant

constructed a new latrine which was as per permission granted by the

Nagarparishad. Therefore, there cannot be any ground of eviction on

the ground of permanent construction by the tenant.

4)            As far as the ground of bonafide requirement is concerned, it is

come on record that apart from the suit premises, the landlord was in

possession of the four rooms which were on first floor and used as

godown. It was the plaintiff’s case that the rooms were in a

dilapidated condition and posed a danger to the residents. It is also

come on record that the plaintiff has not received any notice from

Nagarparishad/Planning             Authority.    The    evidence               of   the

defendant/tenant showed that the said rooms were in good condition

and the plaintiff could have started his business in the said rooms.



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                               Diksha Rane                                           22 CRA 360 2008.doc




                               The plaintiff has also stated that due to his old age, it is not possible

                               to start business in the name of “Poonam Cloth Stores”. On such

                               evidence, the trial Court and the Appellate Court have also rejected

                               the suit filed on the ground of bonafide requirement.

                               5)            At this stage, Advocate Suresh Sabrad appeared and mentioned

                               that he was appearing for applicants earlier, but they have taken back

                               papers from him, and have now engaged Advocate A. M. Kulkarni.

                               However, none appeared on behalf of the petitioner.

                               6)            I have gone through both the impugned judgments. Learned

                               Judges have taken into consideration the evidence on record and

                               have applied the correct Rent Act principles then, if a view is taken by

                               two Courts, in my opinion, interference in Section 115 of the Code of

                               Civil Procedure is not called for.

                               7)            The Civil Revision Application is dismissed and disposed of

                               accordingly.

                                                                                        (Rajesh S. Patil, J.)




                                                                       3
Signed by: Diksha Rane
Designation: PS To Honourable Judge
Date: 04/03/2026 20:49:55


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