ORDER :- This is a tenant's Special Civil Application under Art.227 of the Constitution directed against the judgment and the decree parsed by the Joint Judge, Thana, on January 18, 1972, under S.13(1)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, read with S.108(o) of the Transfer of Property Act, 1882.

2. The learned Civil Judge, Senior Division, Thana, held in the suit for eviction, filed by the landlord in his judgrnent and decree, dated March 31, 1970, that the tenant had removed an old beam ridden with termite and refixed a new one; and this would not be an act contrary to the provisions of Clause (o) of S.108 of the Transfer of Property Act; and, therefore, dismissed the plaintiff's suit.

3. The learned Joint Judge reversed that decision holding :-

"The act of the defendant in removing the old beam from its place was nothing but destructive or permanently injurious to the suit premises, irrespective of the fact whether actual damage was caused to the building or not. There is also some evidence of damage caused to the plaintiff's house. I, therefore, feel that the defendant's act of removing the old beam from its place was contrary to the provisions o

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