ORDER :- The petitioners who are the legal representatives of the original tenant Balkrishna Jagtap, have approached this Court under Article 227 of the Constitution of India impugning the decree made by the learned District Judge, Sholapur, in Civil Appeal No. 380 of 1969 on affirming that of the learned Civil Judge, Junior Division, Barsi, in Regular Civil Suit No. 41 of 1968.

2. The few facts necessary for the disposal of the application could be briefly stated thus : The property in dispute is C. T. S. No. 2514 situate on the Station Road at Barsi in District Sholapur. The original defendant No. 1, since deceased, had taken it on lease for a period of eleven months under a rent note Ex. 53 dated 17th December 1960. The rent agreed upon was Rs. 25 per month. Respondent No. 1 landlord terminated the tenancy of the tenant by a notice dated 2nd August 1967 and claimed possession mainly on the ground of default in payment of rent from March 1966 to July 1967, change in the user of the premises leased out, erection of permanent structures which were about three in number, and taking a water pipe connection without the landlord's consent, obtained in writing, and unlawful sub-letting.

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