This Writ Petition under Article 227 of the Constitution of India takes exception to the Judgment and decree passed by the VI Additional District Judge, Pune dated 8th February, 1991 in Civil Appeal No. 1048/1988 confirming the Judgment and decree passed by the 7th Additional Judge, Small Causes Court, Pune dated 17th September, 1986 in Rent Act Suit No. 1756/1985 whereby the Respondent-landlord’s suit for possession of the suit premises and for recovery of rent of Rs. 170/-for the period from 1-12-1982 to 30-9-1985 is allowed. Although the suit for possession was filed by the Respondent-landlord on different grounds, however, the decree confirmed by the two Courts below is on the ground of arrears of rent within the meaning of Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as "the Act") only.

2. The brief facts for considering the controversy in the present petition are that: the suit property is situated in CTS No. 427/A/1 at Somwar Peth, Pune-11 on the Ground Floor consisting of one room of two khans admeasuring 10 feet X 10 feet. The plaintiff-respondent Murlidhar Kudale is the owner of the suit premises.