JUDGMENT - S.N. KHATRI, J.:---The IInd Joint Civil Judge (Junior Division), Jalgaon, passed a decree in favour of the present petitioner (hereinafter, 'landlords') for eviction of the respondents (hereinafter, 'tenants') under section 13(1)(b) of the Bombay Rent Act (for short, "the Act") on the ground that the latter had erected a permanent structure on the suit premises without the permission of the landlords in writing. A decree for Rs. 380/- for arrears of rent and mesne profit was also passed. In appeal preferred by the tenants, the District Court reversed the trial Court's decree and dismissed the suit. Now the landlords have come up to this Court under Article 227 of the Constitution challenging the District Court decree.

2. The material facts that are no longer in dispute before me are these : There are in all 4 shops abutting a public road in Jalgaon town. There is common godown adjoining all these four shops in the South. Originally the tenants were holding the western two shops and the entire godown as month to month tenants. The rent per month was Rs. 45/-. On 25th February, 1966, the landlords sold the entire godown to the tenants by a registered sale-deed and put them

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