Here's a fascinating case from the Bombay High Court involving a long-standing dispute over a shop eviction. The family members of Pandurang Tatu Keni went up against the family members of Laxman Sakharam Patil. Let's dive into the details!
Pandurang Tatu Keni, the original shop owner, filed a case way back in 1980 against Laxman Sakharam Patil, asking for eviction under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The reasons? Not paying rent, not using the shop, changing the use of the shop, and more. The property in question was a shop in Deonar village, Mumbai.
"The shop is a shop and not an empty piece of land."
During the trial, Pandurang Tatu Keni changed his request, saying he needed the shop for his business and his daughter Charulata's tailoring work. The trial court agreed with him, granting eviction in 1997. But Laxman Sakharam Patil appealed, and the appeal court overturned this decision, dismissing the case.
"The need as stated has not ended and cannot be said to be completely gone."
The appeal court considered that Pandurang Tatu Keni had passed away and Charulata got married. They decided these changes meant the original need for the shop no longer existed.
"Since the shop owner has died and daughter Charulata has got married, no need existed."
Judge M.M. Sathaye reviewed the case, considering both the original need and the changes. The judge found the appeal court's decision flawed, emphasizing that Pandurang Tatu Keni's need was real and still existed despite the changes.
"The need stated for business space with inconvenience at home explained... is well proven."
The court also looked at who would suffer more. It was found that Laxman Sakharam Patil had other places available, while Pandurang Tatu Keni's heirs had no other options for their business needs.
"The issue of who would suffer more tilts in favor of the shop owner."
In the end, the High Court canceled the appeal court's judgment, restoring the original eviction order. Laxman Sakharam Patil was given a four-week delay on the eviction to make arrangements.
"The Writ Petition is allowed... confirming the Judgment and Decree of eviction passed by the Trial Court."
