: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.666 OF 2009 Nirmala Ratanshi Rambhia & Anr. .. Applicants V/s. Devendranath R. Kulkarni & Ors. .. Respondents Mr. V.A. Thorat, Sr. Advocate, i/b. Mr. R.A. Thorat for the Applicants. Mr. Swapnil Gangur a/w. Mr. Mahesh Patil i/b. Mr. G.S. Manasawala for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 19 TH NOVEMBER, 2009. P.C.: 1. The applicants had approached this Court challenging the orders passed by the trial Court and the Appellate Court of the Small Causes Court, Bombay. Both the Courts below have decreed the Suit and have found that the respondents had established their bonafide requirement for the premises. The Courts have further held that greater hardship would be caused to the landlord if a decree for eviction was not passed. Both the Courts below have considered the fact that the applicant No.2 is a citizen of the United States of America while : 2 : applicant No.1 who is his father is a green card holder. The Courts below have considered the fact that the green card is valid upto 2013 and that the applicant No.1 rarely visits India. They have also considered the fact that applicant No.2 has not returned to India for a long period of time and that he has a family and a business in the Unites States of America. In these circumstances, both the Courts below have found that the requirement of the respondents has been established. 2. The main contention raised by the learned Advocate for the applicants is that the Courts below have not considered the provisions of Section 13(2) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, which provides that a decree for eviction should not be passed unless the Court considers whether a decree can be passed in respect of part of the premises. 3. In my opinion, this contingency would arise only if there was no hardship being caused to either the landlord or the tenant. A decree for : 3 : part of the premises could be passed only in such circumstances. Therefore, in my opinion, the Courts below have not committed any error in decreeing the Suit. 4. The Civil Revision Application is rejected. 5. On the application made by the learned Counsel for the applicants, the decree shall not be executed for a period of six weeks from today. .......