Writ Petition No. 3786 of 1990. Case: Jagdish Brothers Agrawal And Ors. Vs Gayasuddin Abdul Kadar Konkani And Ors.. High Court of Bombay (India)
| Case Number | Writ Petition No. 3786 of 1990 |
| Counsel | For the Appellant: Shri A.K. Abhyankar and For the Respondent: Mr. S.M. Kambale |
| Judges | D.G. Karnik, J. |
| Issue | Code of Civil Procedure - Section 11 |
| Citation | 2005 (2) BomCR 409, 2005 (1) MhLJ 434 |
| Judgement Date | June 15, 2004 |
| Court | High Court of Bombay (India) |
Judgment:
D.G. Karnik, J.
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The petitioners in writ petition No. 3786 of 1990 are the tenants and petitioners in writ petition No. 5456 of 1990 are the landlords, and they would be hereinafter referred to as the tenants and landlords respectively. The landlords purchased the suit property on 13th December, 1979 and thereafter filed Regular Civil Suit No. 202 of 1980 for possession inter alia on the ground the reasonable and bona fide requirement for their own use and occupation and that the conduct of the tenants amounted to nuisance and annoyance. The suit premises consist of three rooms used as shops on the ground floor and residential premises on the first floor. On one side of the three rooms on the ground floor there is a staircase which leads to the first floor. On the first floor, the premises on the western side of the staircase are in possession of the tenants and premises on the eastern side are in possession of the landlords. At the end of the staircase there is a common landing on the first floor from which one can have access to the eastern and western side of the premises on the first floor. According to the landlords, the tenants were obstructing them from using the staircase and thereby preventing them from using the premises on the eastern side of the first floor. The landlords therefore, filed a separate suit bearing Suit No. 187 of 1981 for an injunction and restraining the tenants from preventing the landlords from using the staircase and having access to the eastern side of the premises on the first floor.
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The trial Court held that the landlords had not proved that they required the suit premises reasonably and bona fide for their own use and occupation. It did not record any finding on the issue of hardship in view of the fact that the landlords were held not to require the suit premises reasonably and bona fide. The trial Court however, held that the tenants had obstructed the landlords from using the staircase and having access to the eastern side premises on the first floor and thereby caused nuisance and annoyance to the landlords. The trial Court therefore, passed a decree of possession on that ground. Simultaneously, the other suit bearing Regular Civil Suit No. 187 of 1981 filed by the landlords for an injunction was also decreed.
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The tenants filed two appeals one against the judgment and the decree for possession in Regular Civil Suit No. 202 of 1980; other against the judgment and decree of injunction in Suit No. 187 of 1981. The landlords filed cross objections in the first appeal of the tenants and claimed a decree for possession also...
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