JUDGMENT - D.G. DESHPANDE, J.:---Heard Mr. Naik for the petitioner, Mr. Naphade for the respondents.

2. The petitioner is the landlord and respondents are the tenants under the Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947 (herein- after referred to as the Bombay Rent Act). The petitioner had filed a regular suit for recovering possession of the suit premises from the respondents on the ground of habitual defaults in payment of rent and for bona fide personal occupation. The suit was filed before the Joint Civil Judge, Junior Division, Solapur vide Regular Civil Suit No. 475 of 1973. The trial Court decreed the suit on the ground of bona fide personal occupation and rejected the claim of the petitioner in respect of habitual defaults in payment of rent. Both the plaintiff and defendants had filed appeals against this judgment and decree dated 31st January 1979. Both the appeals jointly heard by Extra Assistant Judge, Solapur. The Appellate Court accepted the contentions of the tenants and allowed the tenants' appeal and rejected landlord's appeal i.e. claim of the plaintiff for possession was rejected. Claim of the landlord for rent of Rs. 489/- only was decreed vi

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