SHABBIR FIDAHUSAIN KACHWALA AND ANR vs PURUSHOTTAM CHALVAYYA SHETTY

Judgment text excerpt

2026:BHC-AS:22195 Megha 2_wp_15535_2022_fc.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15535 OF 2022 Shabbir Fidahusain Kachwala and Anr. ...Petitioners V/s. Purushottam Chalvayya Shetty ...Respondent ________________ Mr. Sanjiv Sawant with Mr. Abhishek Matkar & Mr. Malhar Bageshwar for the Petitioners. Mr. S.N. Chandrachood with Mr. A.V. Pitre for the Respondent. ________________ CORAM: SANDEEP V. MARNE, J. Reserved on: 29 APRIL 2026. Pronounced on: 08 MAY 2026. JUDGMENT: 1) Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for parties, the Petition is taken up for final disposal. 2) Petitioners/landlords have filed the present Petition challenging the judgment and decree dated 16 March 2022 passed by the District Judge-22, Pune, dismissing Regular Civil Appeal No.371 of 2015 and confirming the judgment and order dated 11 June 2015 passed by the Additional Judge, Small Causes Court, Pune in Civil Suit No.419 of 2007. The Trial Court has dismissed Plaintiff’s Suit seeking eviction of the Respondent-Defendant on the grounds of nuisance /annoyance, bonafide requirement and arrears of rent. Aggrieved by the concurrent Page No.1 of 27 8 May 2026 Megha 2_wp_15535_2022_fc.odt findings recorded by the Trial and the Appellate Courts on the issues of nuisance and annoyance, default in payment of rent and bonafide requirement, the Petitioners have filed the present Petition under Article 227 of the Constitution of India. 3) The premises on (i) ground floor comprising of three rooms, passage of hall admeasuring 2500 sq.ft. (ii) first floor comprising of eight rooms, one hall, two bathrooms, two water closets admeasuring 3000 sq.ft. and (iii) second floor comprising of 8 big rooms, one large ha