- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION No. 511 of 2008 Mrs. Mangala Damodar Katare ... Petitioner Vs. Mrs. Hirabai Balkrishna Pathare ... Respondent *** Ms. Deepali Patil h/f Mr. A. A. Garge, for the petitioner. Mr. S. A. Ghaisal, for respondent. *** CORAM : R. V. MORE, J. DATE : JULY 10, 2009. PC :- 1. Heard the learned counsel for the respective parties. This tenant’s revision is under Maharashtra Rent Control Act. The dispute is about premises viz., a room admeasuring 10 x 10 Sq. ft. in Ganeshkripa building, Ganeshwadi Kalyan (E). Admittedly, the respondent is landlady and the petitioner being tenant is in possession of said premises since 1986. Suit for eviction was filed on the ground of reasonable and bona fide requirement and default in payment of rent. Both the Courts below concurrently held that respondent has proved both these grounds, and therefore decree of eviction is passed. - 2 - 2. It is case of the respondent landlady that she alongwith her widowed daughter, two grand sons and wife of one of the elder grand-son is residing in room of 10 x 10 Sq. ft. area. This position is admitted by the petitioner in her cross-examination. Looking into the size of the family of the respondent landlady, it cannot be disputed that the said room in which landlady is residing, is not sufficient to accommodate 7 members. The requirement of landlady is thus, reasonable and also bona fide. Regarding comparative hardship, the finding is recorded by the Courts below that financial condition of the petitioner is better than the respondent landlady. The petitioner does not point out any attempt, made for acquisition of alternative accommodation. In that view of the matter, more comparative hardship would be caused to the respondent landlady in case of refusal of eviction decree. It is true that petitioner is a widow and staying with two sons, in the said premises. However, the hardship, if any, to her can be mitigated by giving some time to vacate the suit premises. Since I find that the decree of eviction is correctly passed on the ground of bona fide and reasonable requirement, merits of the decree on the ground of default need not be gone into. 3. In the above facts, I dispose of the revision by passing following order. ORDER (i) Civil Revision Application is dismissed. - 3 - (ii) The petitioner is however, granted one years time to vacate the suit premises, subject to filing usual undertaking in this Court within a period of six weeks from today. Sd/- [ R. V. MORE, J.]