JUDGMENT :

1) Petitioner has filed this petition challenging the judgment and decree dated 16 February 1999 passed by the Additional District Judge, Pune allowing Civil Appeal No.564/1996 and setting aside the eviction decree dated 30 March 1996 passed by the 3rd Additional Small Causes Court, Pune. The Appellate Court has dismissed Civil Suit No.253/1994 filed by Petitioner-Plaintiff seeking recovery of possession of the suit premises. Petitioner-landlord has accordingly filed the present petition challenging the decree passed by the Appellate Court on 16 February 1999.

2) Facts of the case, in brief, are that Plaintiff has inherited house property bearing CTS No.39/1 on Karve Road, Pune. Premises comprising a hall, tin shed adjoining the hall, kitchen and front open space totally admeasuring 1280 sq. ft. are the suit premises in which Defendant was inducted as a tenant under the Rent Agreement dated 1 April 1982. After his induction in the suit premises, Defendant commenced restaurant business therein. According to Plaintiff, Defendant started making permanent changes, alterations and erecting permanent structures in the suit premises. The Municipal Corporation therefore issued not