JUDGMENT - R.A. JAHAGIRDAR, J.:---The petitioner is a tenant of four rooms on the ground floor of a building bearing House No. 302 in Baliram Peth in Jalgaon City. These four rooms along with two other rooms had taken by the petitioner as a tenant sometime in the year 1957 and the agreed rent of the premises at that time was Rs. 67 per month. The petitioner has contended, and not without justification, that apart from these six rooms the open space surrounding the building was also a part of the demised premises. Detailed reference will be made to that contention later in this judgement. On 15th December, 1960, under a sale deed at Exhibit 80 respondent No. 1 in this petition, hereinafter referred to as "the respondent" purchased the said building. For sometime thereafter the relations between the respondent and the petitioner seem to have been sufficiently cordial so much so that the petitioner was persuaded to surrender possession of two rooms to the respondent. After such surrender the rent of the remaining four rooms was fixed at Rs. 45 per month.

2. In the year 1962, however, there was a suit filed by the petitioner against the respondent restraining the respondent from interf

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