B.S. Patil, J.— These two regular second appeals are preferred against the common judgment dated 9.10.2012 passed by the learned Senior Civil Judge, Sorab, in RA.Nos.3l/2012 and 35/2012.

2. Appellant and the respondent in these two appeals are the landlord and tenant. Plaintiff-respondent herein instituted O.S.No.250/2008 for possession of the suit schedule property, recovery of arrears of rent and also for damages from the defendant/tenant.

3. It is not in dispute that the suit schedule property bearing Khatha No.342/240 carved out of Sy.No.1I3 measuring 150' North East and 110' East West situated at Sorab was leased in favour of the defendant-appellant herein for the purpose of running a petrol bunk vide registered lease deed dated 15.3.2002. The duration of the lease was 15 years. It was stipulated that annual rent shall be Rs.10,000 per annum for the first five years and Rs.25,000 per annum for the next five years and Rs.35,000 per annum for the remaining 5 years.

4. Though the tenant was allotted dealership to run a petrol bunk, the said allotment was cancelled in view of the judgment of the Apex Court in M/s. Sharma Metal Co’s case, which had general application to a