B. H. MARLAPALLE, J.

( 1 ) THIS writ petition filed under Article 227 of the Constitution impugns the judgment and order rendered by the lower Appellate Court in Civil Appeal no. 1258 of 1986. The said appeal was allowed and the decree of eviction passed by the learned Principal Judge, Small Causes court at Pune in Civil Suit No. 91 of 1979 filed under the Bombay Rents, Hotel and lodging House Rates Control Act, 1947 (for short "the Bombay Rent Act") on 30/8/1986.

( 2 ) THE appellants-plaintiffs are the landlords and the eviction decree was sought on three grounds viz. (a) default in payment of rent with permitted increases, (b) bonafide requirements and (c) change of user and breach of the terms of tenancy agreement. The landlords had contended that the monthly rent was Rs. 65/-, in addition the permitted increases like education cess, employment guarantee cess and taxes etc. were also required to be borne by the defendant-tenant and he was in arrears of the same from 4. 2. 1977 onwards. It was also stated that for the month of November 1978 the monthly rent of Rs. 65/- was not paid and all these arrears were demanded by issuing a demand notice (Exhibit 66) dated 1. 12. 1978 by re

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