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The Bombay High Court while dismissing a revision application filed by tenants of a property in litigation for decades, quoted Charles Dickens while responding to the argument advanced by the applicants that two children in the original owner's family secured employment which would mean that they do not 'need' or bona fide requirement of the said property.
Justice Dama Sheshadri Naidu who heard the revision application held that it was only natural that two children of the original owner secured employment as three decades had passed since the original owner sought eviction of the tenants. He said-
"In Dickensian diction, innumerable children may have been born into the cause; innumerable young people may have married into it; innumerable old people may have died out of it. The little of the plaintiffs may have been promised a new toy cycle when the case is settled, but may have grown up pending the case, possessed a real cycle, ridden it through his life, and ridden away into the other world.
A case can be perennial but not the life, nor its needs. As it were, courts have time machines, for cases remain constant decades on end. But not the clients or causes.
True, two of the many children have secured employment. But that is hardly surprising in three decades and three years. That has not taken away the owners' need completely. That development has not eclipsed their need, so to say".
Smt. Rukninibai Motiram (deceased) vs. Smt. Manoramabai Mallikarjun
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