Honble BALASUBRAMANYAN, J.–Leave granted.

(2). Heard learned counsel on both sides.

(3). The tenant of a building governed by the Bombay Rent, Hotel & Lodging House Rates Control Act, 1947 (hereinafter referred to as, "the Act") is the appellant before us. The landlord of the building, the respondent, filed a suit for eviction of the tenant under Section 13(1) (a) , (c) and (k) of the Act. The landlord pleaded that he had let out the suit premises to the tenant for the purpose of residence and the tenant has used the premises for a purpose different from the one for which it was let by establishing a manufacturing unit therein and has thus contravened Section 108(o) of the Transfer of Property Act and thereby rendered himself liable to be evicted under Section 13(1) (a) of the Act. By installing the machinery and by dumping of the products and the blocking of an Ota, the tenant had caused nuisance to the plaintiff and the other occupiers of the same building belonging to the plaintiff and had rendered himself liable to be evicted under Section 13(1) (c) of the Act. He had also failed to use the premises for the purpose for which it was let and since he is not using the premises for the purpose for which it was let, for a continuous period of more than six months immediately before the filing of the suit, he was liable to be evicted under Section 13(1) (k) of the Act. The tenant denied the plea that the building was let out to him solely for a residential purpose. He pleaded that it was let out to him for residential and commercial purposes. He denied the committing of nuisance and also the claim that he had ceased to occupy the premises for a period exceeding six months as contended by the landlord.

(4). Evidence was let in by the parties. The tenant got marked the registers of the local authority claiming that the building was shown in the books of the authority as having been let out for residential and commercial purposes. He also examined a clerk in the Pune Municipal Corporation and a Tax Inspector of the Corporation. The landlord in his evidence also stated that taxes were levied on the suit premises by the Pune Municipal Corporation on the basis of it being residential as well as commercial. The tenant when examined attempted to deny his signature on the reverse of the counterfoil of a rent receipt produced by the landlord and contended that it was not admissible to prove that the premises was let out to him solely for a residential purpose. On the question of nuisance, the landlord let in evidence to show that the tenant had blocked a passage (Ota) used by all the tenants and by dumping his products, was preventing user of the common area by the others. He also deposed that by installing machinery and operating it, nuisance was being caused to the other tenants and neighbours. The trial court, on a consideration of the pleadings and the evidence in the case came to the conclusion that the premises in question consisting of two rooms was let out to the tenant in the year 1977 and there was nothing to show that until 1980- 81 any business was carried on by the tenant in the premises. That Court also took note of the fact that the tenant was a school teacher and the rules of conduct disabled him from carrying on any business when he continued to be a teacher. The counter foil of the rent receipt was also relied on. Taking the view that the commercial use of the building was started only from the year 1980-81 and accepting the evidence on the side of the landlord that the original letting was only for the purpose of residence, it came to the conclusion that there was a change of user and the landlord was entitled to an order of eviction in terms of Section 13(1) (a) of the Act read with Section 108(o) of the Transfer of Property Act. Proceeding further, the trial court also held that the tenant had, by using the machinery, by blocking the Ota and by dumping his manufactured products in the common open space, had caused nuisa

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