1. This is a tenant's petition assailing the judgment and order dated 11th August, 1999 of the learned Additional District Judge, Thane whereby the civil appeal of the respondent-landlord against the judgment and order dated 15th October 1996 in Regular Civil Suit No.218 of 1993 passed by the Joint Civil Judge (Senior Division), Thane, dismissing the respondents' suit stands set aside. By the impugned judgment, the respondents' eviction suit is partly decreed interalia directing to the petitioner to deliver to the respondent vacant possession of the “back side suit residential premises”.

2. In nutshell the facts are :-

The respondent Narayan Govind Gavate (since deceased) was the owner of the chawl situated at Survey No.365/52 known as Gavate Chawl situated at Vithawa Taluka and District Thane, which is within the limits of Thane Municipal Corporation. In this chawl, a tenement consisting of three rooms was let out to the petitioner in the year 1976 (for short “the suit premises”). The total area of these three rooms/suit premises was 300 sq.ft. The suit premises were let out to the petitioner for the purpose of business and residence. In the front room, the petitioner was