JUDGMENT - PURANIK S.W., J.:- These two Writ Petitions arise under the Bombay Rent. Note and Lodging House Rates Control Act, 1947 (hereinafter referred as “the Bombay Rent Act”).

2. The Writ Petition No. 228 of 1980 is filed by the Defendant-Tenant against the decree for eviction passed by the Joint Judge, Pune, on the ground that she has been guilty of conduct which is a nuisance or annoyance to the adjoining occupiers. The Writ Petition No. 1166 of 1980 is filed by the plaintiffs-Landlords which is in the nature of cross petition praying for a decree on the ground of bona fide personal requirement and also on the ground hat the tenant has erected a permanent structure without the landlord's written consent. For the sake of convenience the Petitioner in Writ Petition No. 228 of 1980 is referred to as “the Tenant” while he Petitioners in Writ Petition No. 1166 of 1980 are referred to as “the Landlords”.

3. The Landlords are five brothers and they are owners of a bungalow at 4, Napier Road, at Pune. The tenant is in occupation of the suit premises comprising of southern side portion of the ground floor of the said bungalow and also a toilet and garage on the adjoining open site. Ori

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