A.S.OKA
A-1 Engineering Works – Appellant
Versus
Rajendra Kasturchand Vora – Respondent
These two petitions under Article 227 of the Constitution of India can be disposed of by a common judgment as the same arise out of the same suit. For the sake of convenience, the parties have been hereinafter referred to with reference to their status before the trial Court. A suit for eviction was filed by the plaintiffs under the provisions of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 (hereinafter referred to as the said Act of 1947). The suit relates to a shop premises admeasuring 23 ft X 17 ft in an Industrial Estate on Plot No.427/46 at Gultekdi, Pune. The defendants are the tenants who are the partners of the firm M/s. AI Engineering Works. The allegation in the suit is that the defendants have made a permanent cabin for their office in the suit premises without consent and knowledge of the plaintiffs. Another allegation made in the plaint is that there is an open space in front of the suit premises in which the defendants are illegally and un-authorisedly storing goods thereby obstructing the plaintiffs and their customers while approaching the office of the plaintiffs. It is alleged that by demolishing two pillars of the compound gate,
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