GANESH PRASAD BADRINARAYANA LAHOTI Vs. SANJEEVPRASAD JAMNAPRASAD CHOURASIYA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order dated December 18, 2003 passed by the High Court of Judicature at Bombay (Aurangabad Bench) in Appeal from Order No. 78 of 1999. The High Court, by the impugned order, dismissed the appeal filed by the appellant herein confirming the order passed by the Extra Joint District Judge, Jalgaon on October 13, 1999.

(3.) The plaintiff-respondent No. 1 - landlord filed a suit being Regular Civil Suit No. 121 of 1991 in the Court of Civil Judge (J.D), Bhusawal against defendant Nos. 1 and 2 Ganesh Prasad and Bhushan Bajaj for recovery of possession of property bearing Municipal House No. 764 in CTS No. 1309, Gandhi Square, Bhusawal ("suit property" for short) on the grounds that the landlord required the premises for his bona fide use, change of user of the property as also, non user of premises by the tenant and unlawful sub-letting by defendant No. 1 to defendant No. 2. The trial court, by judgment and decree dated February 14, 1995, decreed the suit on the ground that defendant No. 1 had unlawfully sub-let the property to defendant No. 2 without the permission of landlord.