CRA367/10 (1) agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.367 OF 2010 Pareshkumar Jethalal Chheda .. Applicant versus Guruprasad Satyanarayan Tiwari & Ors .. Respondents Mr.Surel S. Shah for the applicant. Mr.Vasudev T. Lulia for respondent Nos.1 to 3. CORAM : A.S.OKA, J. DATE : 29th September 2010. P.C.: . Heard learned counsel appearing for the revision applicant. The revision applicant is the original defendant and the respondents are the original plaintiffs. The suit for eviction was filed by the respondents against the applicant in respect of the suit premises comprising of area of 200 sq.ft in a chawl situated at Borivali in Mumbai. The suit was filed on the ground of arrears of rent, bonafide requirement, non-user and acquisition of suitable residence. The allegation in the plaint is that the applicant had acquired suitable premises at Dombivali and that the applicant had shifted to the said premises. The trial Court decreed the suit on the ground of non-user and acquisition of suitable residence. An appeal preferred by the applicant before CRA367/10 (2) the appellate bench of the Court of Small Causes has been dismissed by confirming the finding of the trial Court on both the grounds. 2 The learned counsel appearing for the applicant submitted that the respondents have failed to establish that alleged acquisition was before the date of institution of the suit. He submitted that witness Achyut Gopal Bhagat has not stated that premises was obtained from him on rental basis by the applicant prior to institution of the suit. He submitted that the alleged acquisition is on rental basis which is no acquisition within the meaning of clause (l) of sub-section (1) of section 13 of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 (hereinafter referred to as the said Act). He submitted that the ground of non-user has no merit in as much as in any event name of the maternal uncle of the applicant appears in the ration card who was occupying the suit premises. He submitted that both the grounds are not established. 3 I have carefully considered the submissions. The respondents examined one Mr.Achyut Bhagat, landlord of Rupesh Bhavan, Tukaram Nagar, Dombivali, District Thane who deposed that he has let out a premises admeasuring 240 sq ft consisting of two rooms to the applicant CRA367/10 (3) and that the applicant is a tenant since prior to the year 1995. In the cross- examination, the applicant admitted that in the year 1995 he was residing at Dombivali and that three years prior to filing of the suit he went to stay at Dombivali. In the cross-examination, the applicant has stated as under: “.... In 1995, I was residing at Dombivali. Three years prior to filing of the suit, I went to stay at Dombivalli. I was residing at Dombivali with my family members. It is not true that for a period of three years before 1995 suit premises were lying vacant. I have evidence to show that my brother has been residing in the suit premises. My brother is having ration card, at the address of the suit premises and he is having electricity bill. Ayub Patel is my maternal uncle.” 4 Hence, the acquisition by the applicant was prior to the year 1995 and the suit was filed in November 1995. The area of the suit premises disclosed in the plaint is 200 sq.ft and area of the premises acquired by the applicant at Dombivali is 240 sq.ft which consists of two rooms. Admittedly, the applicant shifted to the said premises at Dombivali. It is not the case made out by the applicant that the premises at Dombivali are not suitable or are CRA367/10 (4) inconvenient. Hence, no case is made out for interference with the concurrent decrees. Revision application is dismissed. On the prayer made by the counsel for the applicant, it is directed that decree for possession shall not be executed for a period of six weeks from today subject to condition that the applicant will not part with possession and will not create any third party rights in respect of the suit premises. (A.S.OKA, J)