JUDGMENT - B.A. MASODKAR, J.:---The petitioner is the tenant. He has been subjected to a decree for possession under section 13(1)(c) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as 'the Act') by the trial Court and that decree has been affirmed by the Appeal Court. The petitioner-tenant questions that decree in this writ petition.

2. The landlords, who are the respondents, are the purchasers of this property. They became owners by reason of their purchase on December 26, 1968. The respondents-landlords are the occupants of the second floor premises in the same building. The petitioner tenant who was inducted as the tenant prior to the purchase by the predecessors of the landlords, is the tenant with regard to three rooms on the third floor and one room called a "terrace room" on the top floor, which is the terrace floor. The respondents landlords served a notice as per Ex. 184 complaining of the conduct of the petitioner-tenant that he had trespassed on the terrace of the top floor of the building and had appropriated a major portion of the terrace by putting flower pots and further he was excluding everyone, including the responden

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