IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.R.A.NO.581/2007 Shri.Hiralal Anand Pardeshi ........ ..... Petitioner Vs. Smt.Kashibai Ramdas Pangavhane & anr......... Respondent Mr.Sathye for the petitioner Mr.S.S.Kulkarni for Res.1 and 2 Coram : S.J.Vazifdar,J. Date : 10th June,2008 P.C. 1] Both the Courts below have held the petitioner to be in arrears .The trial court further,however, held that the respondent landlord had not made out a case of bonafide requirement .The appellate court confirmed the finding on arrears of rent and also found in favour of the respondent on the ground of bonafide requirement. 2] I am not inclined to interfere with the of finding regarding bonafide requirement .The suit premises comprises of a small 2 'tapri' which is placed on the land over which the tenancy was created.This 'tapri' is between two small premises owned and used by the respondent landlord as a bicycle shop and as a sugarcane shop . Obviously if the suit premises were made available it would be advantageous to the landlord respondent as he would have then one composite unit . 3] Then comes the question of comparative hardship . I do not intend to extract the relevant portion from the impugned judgment . Suffice it to note that the petitioner has constructed a house of his own and a 'tapri' is also established to be adjacent to it on the petitioner's property . 4] In the circumstance the C.R.A.is dismissed . Time to vacate is extended up to 30th September ,2008 subject to the petitioner filing an affidavit containing usual undertaking including an undertaking to vacate and hand over peaceful possession on or before 1st October,2008 subject to any order of the Apex Court . Affidavit to file on or before 31st July,2008.