JUDGMENT - A.V. SAVANT, J.:---This petition is by the original defendant No. 1 - tenant against whom the Appeal Court has passed a decree for eviction solely on the ground that the tenant has erected on the premises a permanent structure in the sense that a window on the western wall of the premises was closed after it was damaged due to theft resulting in the removal of the window frame itself. The few facts necessary for the disposal of the petition are as under :--2. The first respondent-Moreshwar Kale is the landlord of the premises which consist of gala No. 3 on the ground floor of House No. 107, a chawl at Karjat, Dist. Raigad. The petitioner is a tenant since 1942. The rent of the premises is barely Rs. 6/- p.m. plus educational-cess of Rs. 1.34p.m. The tenant, therefore, pays to the landlord Rs. 7.34 p.m. The premises are used as residential house. On the night between 19th and 20th July, 1976, there was a theft and this resulted in the removal of the window on the western wall of the premises occupied by the petitioner-tenant. The tenant thought it necessary, with a view to having additional safety and security, to close the window.

3. Taking advantage of this development,

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