1. The petitioner/original defendant who suffers an eviction decree dated 7 December 1990 in Regular Civil Suit No.589 of 1986 decided by the Joint Civil Judge, Senior Division, Nashik as confirmed by the learned Second Extra Joint District Judge, Nashik, dismissing the petitioners appeal by the impugned judgment dated 25 June 1996, is before this Court in the present proceeding under Article 227 of the Constitution, being aggrieved by the concurrent finding of the courts below.

2. In nutshell the facts are:

The petitioner's father Parashram alias Purshottam Jethanand Thakur was the tenant of the premises being Shop No.4, Municipal House No.12/173 situated at Ambedkar Road, within the municipal limits of Nashik Municipal Corporation (for short ' the suit premises'). The petitioners father expired during the pendency of this appeal. The petitioners are legal heirs of deceased Parsharam who are pursuing this petition. For convenience the parties are referred as petitioner and the respondent as they originally stood when this petition was filed. The respondent is the landlady. The suit premises were let out by the respondent to the petitioner on a monthly rent of Rs.75/- per m