JUDGMENT - Dr. CHANDRACHUD D.Y., J.:---The 4th Additional Judge of the Small Causes Court at Pune, decreed the suit for eviction filed by the petitioners against the respondent on 16th August, 1985. The suit was decreed on the ground spelt out in section 13(1)(k) of the Bombay Rent, Hotel and Lodging House Rates Control Act, 1947, namely, that the premises have not been used without reasonable cause for the purpose for which they were let for a continuous period of six months immediately preceding the date of the suit and under section 12(3)(a) of the Act as it stood prior to its amendment in 1987, namely, that there was a default on the part of the respondent in the payment of rent. The judgment and order of the learned trial Judge was reserved in appeal on 14th August, 1989 by the Vth Additional District Judge, Pune.

2. The premises which form the subject matter of dispute consist of a property bearing house No. 715-B, situate at Sadashiv Peth, Pune 411 030. By a registered lease deed dated 1st June 1967, an area admeasuring 2700 sq.ft. consisting of three sheds and an appurtenant open space came to be let out to the respondent. The rent of the premises was fixed at Rs. 1200/- per

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