Heard.

Rule.

Rule returnable forthwith.

By consent of parties, matter is finally heard at admission stage.

The landlord is before this Court questioning the findings recorded by the learned District Judge-5, Nagpur in Regular Civil Appeal No.526/2006 whereby the learned Judge has set aside the decree dated 30-9-2006 of learned 2nd Additional Small Causes Court, Nagpur in R.C.S. No.100/2002.

The landlord initiated the proceedings against the respondent-tenant on the grounds-

(a) Change of business from the purpose for which it was let out;

(b) Sub-letting of the premises;

(c) Guilty of conduct which is a nuisance or annoyance to the adjoining or neighbouring occupier;

(d) Arrears of rent; and

(e) Not using the suit premises continuously for period of 6 months.

2. The learned counsel for the landlord and for tenant-respondent dwell upon two points, which ultimately germane after the judgment of the District Judge. The two points are -

(1) Whether in the circumstances it is proved that the conduct of the respondent-tenant is a nuisance or annoyance to the adjoining or neighbouring occupier in terms of section 16(c) of the Maharashtra Rent Control Act, 1999; and

(2) Whether th