JUDGMENT - KHANWILKAR A.M., J.:---Both these writ petitions can be disposed of by a common judgment. Writ Petition No. 2670 of 1986 is filed by the tenant, whereas Writ Petition No. 2325 of 1987 is filed by the landlady (For the sake for convenience parties will be referred to as landlord and tenant respectively).

2. At this stage, it is relevant to point out that originally Writ Petition No. 2670 of 1986 was filed jointly by Kantilal Ravji Mehta and Harshad Kantilal Mehta. However, Kantilal Ravji Mehta died during the pendency of the writ petition and since no steps were taken, writ petition as against him (petitioner No. 1) has been dismissed on 15-4-1999. Accordingly, the said petition survives only by Harshad Kantilal Mehta.

3. Both these writ petitions are filed under Article 227 of the Constitution of India challenging the judgment and decree passed by the 4th Additional District Judge, Pune dated 2nd April, 1986 in Civil Appeal No. 62 of 1985. It is common ground that the tenant was inducted in the premises situated at Survey No. 696/1, Munjeri Bibvewadi, Pune 9 in Adinath Society, Flat No. D 80, Satara Road, Pune, pursuant to a leave and licence agreement dated 10th Novembe

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