1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVN. APPLICATION NO. 436 OF 2009 ALONG WITH CIVIL REVN. APPLICATION NO. 638 OF 2009 Mahadev Nana Alhate (since deceased, through L.R.s) Vijay Mahadeo Alhate (since deceased) through Smt.Tarabai ... Applicants (in both matters) v/s Smt.Latabai Govind Gaikwad ... Respondent (in both matters) Mr.M.S.Karnik for the applicants. Mr.Girish Agarwal for the respondent No.1. CORAM: SMT.NISHITA MHATRE, J. DATED: 21ST JANUARY, 2010 P.C.: 1. The applicants have approached this Court contending that the suit filed by the respondent has wrongly been decreed in her favour. It is also contended that the appeal filed by the respondent has wrongly been allowed in her favour. It is contended that the Trial Court has rightly dismissed the suit as the respondent landlady had not made 2 out any case for passing a decree on the ground of bonafide requirement of the suit premises. These findings of the Trial Court have been negatived by the Appellate Court. The Appellate Court has considered the need of the respondent landlady for the suit premises. While doing so it has considered the number of people in her family as well as the fact that all of them are adults and are staying in one room. The Appellate Court has considered in detail the requirement of the landlady for these premises and has rightly held that she has proved that she requires the accommodation to satisfy her bonafide requirement. 2. In my view, there is no error committed by the Appellate Court while allowing the appeal. It has marshalled the evidence and has considered the same in its proper perspective. In these circumstances, there is no perversity in the findings of the Appellate Court and, therefore, the civil revision application stands dismissed. 3. On the application made by the applicants, the decree will not be executed till 31st December, 2010 on an undertaking being given by the applicants as well as the other adults in the family who are residing in the suit premises. ..... 3 4