(1.) Leave granted.
(2.) This appeal has been filed by the original defendant challenging the judgment and order dated 09.02.2009 of the Bombay High Court rendered in the Writ Petition filed under Article 226 of the Constitution of India. The High Court dismissed the writ petition in view of concurrent finding of two lower courts and High Court thought that no interference in exercise of its writ jurisdiction is warranted.
(3.) The facts of the case are that the respondent/plaintiff filed a suit for eviction on the grounds of breach of terms of tenancy, damage to the property as well as causing nuisance and annoyance to the plaintiff and the other occupants. As per the plaintiff the original defendant was the tenant in respect of Room No. 3 (hereinafter as suit premises) and was paying monthly rent of Rs. 20/- including the water charges and excluding the electricity charges. The case of the plaintiff is that only the suit premises was let out though the original tenant was allowed to use a covered space of 10'x 4', but the same was for common usage and for access to W.C and water tap along with the other tenants.