Comparative hardship applies to trustee eviction claims under the rent law, even where premises are needed for trust purposes.

Section 13(1)(g) and Section 13(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 operate independently: the former provides the eviction ground where premises are required for the purposes of a public charitable trust, while the latter imposes a separate comparative hardship inquiry before any decree is passed. The trust-specific amendment to Section 13(1)(g) did not create any express or implied exemption from Section 13(2), and the definition of landlord was treated as including a trustee. Comparative hardship therefore remains relevant even when eviction is sought by a trustee for trust purposes, and the Court must weigh the relative hardship to landlord and tenant before granting relief.

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Issues: Whether Section 13(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 applies when a trustee of a public charitable trust seeks eviction under Section 13(1)(g) for occupation of the premises for the purposes of the trust, and whether comparative hardship must be considered before passing a decree.

Analysis: Section 13(1)(g) and Section 13(2) operate on distinct planes. The former lays down the ground on which possession may be claimed, while the latter places an additional restraint on the passing of a decree by requiring the Court to weigh the hardship to the landlord against the hardship to the tenant. The amendment to Section 13(1)(g) in favour of trustees of public charitable trusts did not create any express or implied exemption from Section 13(2). The definition of landlord includes a trustee, and nothing in the language of Section 13(2) excludes trustees of public charitable trusts from its operation. Comparative hardship therefore remains relevant even where eviction is sought for the purposes of a trust.

Conclusion: Section 13(2) applies to trustees of public charitable trusts seeking eviction under Section 13(1)(g), and the Court must decide comparative hardship before granting a decree.

Ratio Decidendi: A trustee of a public charitable trust is not exempt from the comparative hardship inquiry under Section 13(2) merely because eviction is sought under the trust-specific limb of Section 13(1)(g); the hardship test applies to every decree sought on the ground specified in Section 13(1)(g).

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