JUDGMENT - R.G. DESHPANDE, J.:---By the present petition, the petitioners, who happened to be the legal representatives of the original landlord Shafi Ahmed Khudabux Kazi, are challenging the judgment and decree passed by the learned District Judge, Ahmednagar in Regular Civil Appeal No. 168 of 1977, which arose out of the judgment and decree dated 29-1-1977 passed by the Joint Civil Judge, J.D., Ahmednagar in Regular Civil Suit No. 546/73 whereby the learned Judge of the trial Court had decreed the suit of the landlord for possession of the suit house and with some ancillary reliefs.

2.Deceased Shafi Ahmed had and purchased Municipal House No. 2617, CTS No. 981-B situated in Panchalimb Galli, Ahmednagar. The ground floor of the said premises is in possession of the present respondent/original defendant as a tenant thereof with an agreed rent of Rs. 8 per month. Since the plaintiff wanted to shift in the present premises as it was his bona fide need as also the plaintiff having found that the defendant/tenant had defaulted in payment of the rent and was also causing damage to the suit property, a notice dated 30th June 1973 was issued by the plaintiff/petitioner calling upon the

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