JUDGMENT- V.C. DAGA, J.:---This petition under Article 227 of the Constitution of India is directed against the order dated 17-11-1990, passed by the Additional District Judge, Thane, in Civil Appeal No. 101 of 1989, confirming the order passed below Exhibit 1 in Regular, Darkhast No. 1 of 1985 dated 25th January, 1989 by the Civil Judge, Junior Division, Vasai, whereby Darkhast Application No. 1 of 1985 was dismissed holding it to be not maintainable.

FACTS

2. The facts giving rise to the present petition in nutshell are as under:-

The petitioner is a landlord of the plot of land situate at Agashi, Taluka Vasai, District Thane. There was a structure standing on the said piece of land, bearing house No. 185. The same has been in possession of the respondent as tenant on monthly rent of Rs. 15/-. The suit premises is governed by provisions of the Bombay Rent, Hotel and Lodging House Rates Control Act, 1947 ("Bombay Rent Act" for short).

3. The petitioner herein had filed Regular Civil Suit No. 2 of 1970, in the Court of Civil Judge, Junior Division, Vasai, against the respondent-tenant on the following grounds:

(1) that the premises was being used for the purpose other than for whic

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