ORDER :- By this petition filed under Article 227 of the Constitution of India, the petitioner-tenant is challenging the legality of the judgment dated June 29, 1976 passed by the Joint Judge, Poona, confirming the decree of eviction dated Jan. 30, 1974 passed by the Additional Judge of the Small Causes Court at Poona.

2. The respondent is the owner of House No. 768, Budhwar Peth. Poona, and the residential premises on the second floor of this house are let out to the petitioner. The landlord is in occupation of the first floor, just below the premises occupied by the petitioner. The landlord instituted suit for recovery of possession on Nov. 13, 1972 in the Court of Small Causes at Poona under S.13 (1) (a) and (b) of the Bombay Rents. Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the "Act"). The gravamen of the allegation made by the landlord is that the petitioner has constructed a kitchen platform in the premises let out to him without prior permission of the respondent, given in writing, and such construction has resulted into damage or waste to the building. It is not in dispute that the petitioner has constructed a kitchen platform admeasuring 2 ½

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