JUDGMENT - KHANWILKAR A.M., J.:---This writ petition, under Article 227 of the Constitution of India, takes exception to the judgment and order passed by the IIIrd Additional District Judge, Pune, dated 31st January, 1989 in Civil Appeal No. 940 of 1986. The premises in question comprises of single room admeasuring 10 x 12 ft bearing C.T.S. No. 350/1-8 situated at Somwar Peth, Pune. The petitioners instituted a suit for possession of the suit premises on the ground of default, tenant having secured alternate accommodation of residence and unlawful subletting, being Civil Suit No. 797 of 1984. That suit was decreed by the trial Court on 28-4-1986 only on the ground of respondents-tenants having secured alternative residential accommodation within the meaning of section 13(1)(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the Bombay Rent Act). The respondents carried the matter in appeal being Civil Appeal No. 940 of 1986. The Appellate Court however has reversed the decree for possession and instead dismissed the suit. It is not in dispute that petitioners did not challenge the finding with regard to the other two grounds. In so f

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