JUDGMENT :

SANDEEP V. MARNE, J.

1. This petition is filed challenging the judgment and order dated 26 August 1999 passed by the II Additional District & Sessions Judge, Kalyan in Regular Civil Appeal No. 218/1996 dismissing the Appeal and confirming the eviction decree dated 12 January 1994 passed by the Joint Civil Judge Junior Division, Kalyan in Regular Civil Suit No. 57/1981. The Trial Court has decreed the suit filed by Plaintiff-Respondent on the ground of commission of acts contrary to provisions of Section 108(o) of the Transfer Property Act by invoking provisions of Section 13(1)(a) of the Bombay Rent (Hotels and Lodging House Rates Control Act, 1947 (Bombay Rent Act). Aggrieved by the confirmation of eviction decree passed by the Appellate Court, the Petitioner-Original Defendant No. 1 has filed the present petition.

2. Plaintiff is the owner of two shops in House No. 1 in Municipal land No. 28, Tilak Chowk, Kalyan. Out of the said two shops, one shop is the suit premises in which Defendant No. 1 was inducted as monthly tenant for rent of Rs.35/-. Plaintiff instituted Regular Suit No. 57/1981 in the Court of Civil Judge Junior Division, Kalyan contending that Defendant No. 1