JUDGMENT- This is an application by the defendant tenant, whose eviction from the premises is ordered by the Courts below in a suit filed by the respondent-plaintiffs under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act (LVII of 1947). A few facts leading to this ejectment proceeding may be stated:-

2. The shop premises consisting of 3 khans and 4 ghadis on the southern side ground floor of House No. 172 (old) in Ravivar Peth, Poona, and now known as No. 879 (new) in Budhwar Peth, Poona are occupied by the petitioner as a monthly tenant at a rental of Rs. 28. 42 per month. The plaintiffs have purchased the building of which the suit premises form part on December 12, 1963 from the former owner. They terminated the petitioners tenancy by a notice dated November 12, 1964 and filed a suit claiming possession of the premises on several arounds. It will be sufficient if I refer only to one ground on which the decree passed by the Courts below is based. It was stated in the plaint that the petitioner had taken the suit premises for the purpose of a shop and he has commenced using the same for residence as he is now residing therein with his family. The plai

Click Here to Read the rest of this document