S.RAJENDRA BABU, S.S.M.QUADRI
Mohan Amba Prasad Agnihotri – Appellant
Versus
Bhaskar Balwant Aher – Respondent
JUDGMENT
Syed Shah Mohammed Quadri, J.-This appeal is directed against the judgment of the High Court of judicature at Bombay in Writ Petition No. 4188 of 1989 passed on January 13, 1997. The appellants are the landlords of the House No. and C.T.S. No. 1422, Kasba Peth (old House No. 70 Raviwar Peth), Pune, (hereinafter referred to as the suit premises ) which was leased out to the first respondent, (Bhaskar Balwant Aher) who died during the pendency of the proceedings. His legal representatives were brought on record as respondents 1A to 1G. Hereinafter, the parties will be referred to as the appellants and the respondents .
2. The appellants let out the suit premises which comprised of three rooms-two rooms on the front side for purposes of running a motorcycle workshop and one room on the rear side for residential purposes - on monthly rent of Rs. 45/-. On August 30, 1985, the appellants filed Civil Suit No. 1423 of 1985 seeking eviction of respondent No. 1 from the suit premises on four grounds : (i) bona fide personal requirement; (ii) change of user; (iii) imprudent use causing damage to and waste of the suit premises; and (iv) causing nuisance and annoyance. The suit was r
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