JUDGMENT - KARNIK D.G., J.: - By this petition, the petitioner-tenant challenges the judgment and order dated 19th August, 1991 by which the VIIth Additional District Judge, Thane allowed an appeal of the landlord and passed a decree for possession.

2.The respondent is an owner and landlord of the property bearing House No. 33 Telipada, Bhivandi District Thane. The petitioner is a tenant of the respondent occupying commercial premises bearing Gala Nos. 1 and 2 (hereinafter referred to as the suit premises) situated in the said house. At the time of letting the suit premises required extensive repairs and it was agreed that the petitioner would carry out the repairs and the amount spent would be recovered by the petitioner by deducting Rs. 75/- p.m. from the rent. A written agreement to that effect was executed between the parties in October, 1973. According to the respondent, the petitioner was in arrears and had not paid the rent from 1st December, 1977 till 31st August, 1978. Therefore by a notice dated 13th September, 1978 the respondent terminated the tenancy of the petitioner and also called upon the petitioner to pay the arrears of rent within 10 days of the receipt of the not

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