
Summary: The Bombay High Court decided that Sundarabai Pali and her family must leave the property owned by Omprakash Sharma. They need to move out within three months.
This case, looked at by Judge Ajit B. Kadethankar, is about an order for Sundarabai Pali and her family to leave a place they were renting from Omprakash Sharma in Bhusawal. The first order for them to leave was given by a Civil Judge and later agreed upon by a District Judge. The tenants tried to fight this decision in the High Court.
Omprakash Sharma said that the tenants didn't need the place anymore because they had other places to live. He needed the space for his growing family and for his son's upcoming wedding. He also mentioned that the tenants owed rent.
"The owner needed the property for his family to live in because they had more than seven people to accommodate."
The tenants agreed that Sharma owned the property but said they never got a notice telling them to leave. They argued they weren't purposely not paying rent and had paid rent to someone else they thought was the owner.
"The tenants said they never got any notice about the change of ownership or a demand for rent."
Both the first and second courts sided with the owner, saying he truly needed the property. They pointed out that the tenants had other places to live and didn't show that leaving would be a big problem for them.
"The owner showed that he really needed the place for himself and his family."
Judge Kadethankar agreed with the eviction order, saying that the owner's need was real and that the tenants didn't show it would be too hard for them to leave. The tenants were given three months to move out.
The court decided that Omprakash Sharma's need for the property was more important than the tenants' reasons for staying. The tenants must leave within three months.