A. The Challenge

1. Petitioner-tenant has filed this petition challenging the Judgment and Decree dated 23 January 2004 passed in Civil Appeal No. 624 of 2001, by which the District Court has dismissed its Appeal and has confirmed the Decree dated 13 June 2001 passed by the Small Causes Judge, Pune in Civil Suit No. 490 of 1998. The Small Causes Court had allowed the suit filed by original Plaintiffs and directed Petitioner to handover vacant possession of the suit premises to them.

B. Facts

2. Facts of the case, as pleaded in the Plaint, are as follows. Original Plaintiffs owned a plot of land bearing Municipal House No. 108 in Koregaon Park, Pune on which, a bungalow known as 'Gardenia' is constructed, in addition to few other structures like outhouses and a garage. By Agreement of Lease dated 1 November 1961, Petitioner, who is the original Defendant in the Suit, was inducted as a lessee in respect of the bungalow 'Gardenia' together with garage and two rooms in the outhouse and the garden appurtenant to the bungalow together with right to use common servant toilet. The property leased out to Petitioner/ Defendant is described as the 'suit premises' in the Plaint. There is open str