Bombay High Court
Najma Bi Wd/O Sarafaraz Khan And ... vs Bismillah Bi Wd/O Abdul Sattar And ... on 12 September, 2022
Bench: Manish Pitale
36-WP5532.22.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETN. NO. 5532 OF 2022
Najma Bi Wd/o Sarfaraz Khan and another
-Vs.-
Bismillah Bi Wd/o Abdul Sattar and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr. Mohd. Ateeque, counsel for the petitioners.
Mr. Sahil M. Bhangde, counsel for respondent Nos.1 to 7.
CORAM : MANISH PITALE, J.
DATE : 12.09.2022
Heard the learned counsel for the petitioners.
2. By this writ petition, the petitioners have
challenged concurrent judgments and orders passed by
the two Courts below, whereby a decree of eviction has
been granted against the petitioners on the ground of
bona fide need proved by the respondents-landlords.
Although the suit for eviction is filed on other grounds
also, the decree came to be passed on the ground of
having proved bona fide need. The suit property is shop
block, wherein the petitioners are conducting business
of grocery. The respondents, i.e. the original plaintiffs
filed the suit for eviction, inter alia, on the ground that
the suit shop was required for grandson of respondent
No.1, who intended to set up a business of mobile
repairing. This was in the backdrop that he had taken
certified course of mobile repairing and that the suit
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36-WP5532.22.odt
shop block was necessary for setting up the business by
the grandson of original plaintiff No.1.
3. The contentions raised on behalf of the
respondents-landlords in this regard were contested by
the petitioners by submitting that the need projected on
behalf of the landlords is not bona fide. The parties led
evidence in support of their respective pleadings.
4. The Small Causes Court, Nagpur passed
judgment and order dated 12/07/2018, holding in
favour of the respondents-landlords on the question of
bona fide need. After analyzing the oral and
documentary evidence available on record, the Small
Causes Court found that the landlords had indeed
proved bona fide need and in the process it was found
that the petitioners themselves were owners of adjacent
house, wherein shop blocks are located. On the basis of
evidence led on behalf of the landlords, it was found
that the persons for whom the suit shop block was
sought had indeed undertaken course of mobile
repairing and that they were ready to start business in
the suit shop.
5. The findings rendered by the Small Causes Court
were confirmed by the Court of District Judge by
dismissing the appeal, by the impugned judgment and
order dated 29/06/2022.
6. Perusal of the impugned judgment and order
passed by the District Court shows that the ground for
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36-WP5532.22.odt
bona fide need was considered in detail and after
analyzing the material and evidence available on record,
the findings rendered by the Small Causes Court were
confirmed on that aspect of the matter.
7. Although the learned counsel vehemently
contended that the analysis of the evidence and material
on record on the part of the two Courts below was
defective, having considered the material on record, this
Court is convinced that the petitioners have failed to
make out a case for interference at the hands of this
Court in writ jurisdiction. The findings rendered by the
two Courts below are reasonable. The Courts below
have correctly found that the landlords are in bona fide
need of the suit shop block and that the Court cannot
place its own views, so long as cogent material is placed
on record to prove the bona fide need.
8. In view of the above, it is found that there is no
merit in the present writ petition and accordingly it is
dismissed. No order as to costs.
JUDGE
Signed By:GHANSHYAM S
KHUNTE
Signing Date:13.09.2022 18:28
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