Sandeep V. Marne, J.

1. This petition is filed challenging the judgment and decree dated 10 November 1998 passed by the II Extra Joint District Judge, Thane dismissing Civil Appeal No.256/1995 and confirming the eviction decree dated 27 March 1995 passed by the II Joint Civil Judge (Junior Division), Thane in Regular Civil Suit No. 250/1991. The Trial Court has decreed the suit by directing the Petitioner-Defendant to handover vacant and peaceful possession of the suit premises to the Plaintiffs within one month.

2. Shop No.3 admeasuring 226 sq.ft situated on the ground floor of the building known as Pradhan Building situated at Municipal House No.54, Tikka No.13, No.66 Tembhi Naka, Thane is the suit premises. Plaintiffs claim to be the owners in respect of the suit building in which the suit premises are situated. Defendant was inducted as a monthly tenant in respect of the suit premises for conducting his business of hair cutting saloon in the name and style of ‘Fashionable Hairdresser’ in the suit premises. Plaintiffs agreed to purchase the suit premises by Agreement dated 23 April 1986. Before purchasing the building, Plaintiff No.1, who is a qualified Architect, had co