JUDGMENT

R.C. Lahoti, J.-There is a property consisting of three tenements belonging to the respondent-landlord situated over revenue survey No. 591/1 in village Koregaon of district Satara, Maharashtra. The three units are situated by the side of main road. Each unit consists of two rooms of equal size interconnected by a door. The room abutting on the road is used for commercial purpose while the room situated behind is used for residential purpose. The three tenants are respectively a tailor, a vaidu (medical practitioner dealing mostly in herbs and indigenous medicines) and a petty restaurateur. The lease agreements entered into between the three tenants respectively and the landlord specifically provide for one room being used for residence and the other one being used for commercial purpose.

2. The landlord-appellant initiated proceedings for eviction and recovery of arrears of rent against the three tenant-respondents. Admittedly, any ground for eviction under the Rent Control Law is not available to the landlord. The landlord proceeded on an assumption that the purpose of letting being dual, i.e. residential and non-residential both, the applicability of the Rent Control Law