ANANDIBAI RAGHUNATH KARKARE Vs. KULKO ENGINEERING WORKS LIMITED

JUDGEMENT

(1.) THIS Writ Petition, under Article 227 of the Constitution of India, is directed against the Judgment of the Joint District Judge, Pune in Civil Appeal No. 463 of 1985.

(2.) THE petitioners are the trustees for a private trust of Anandibai Raghunath Karkare and others. The suit property bearing No. CTS No. 917/19-B situated at Shivaji Nagar, Pune was purchased by Shri D. G. Shembekar and Mrs. G. Shembekar, in their capacities as trustees, sometime in the year 1951 by a registered sale deed. A portion of the said house consisting of 5 rooms was in occupation of the respondent company as a monthly tenant on payment of Rs. 94. 50 as rent in addition to permitted increases. It is stated that the suit premises were let out to the respondent for office use only.

(3.) THAT the said Shri D. G. Shembekar instituted suit in the Court of Additional Small Causes, Pune being C. S. No. 2848 of 1981 against the respondent. The suit was filed for possession of the suit premises on various grounds, inter alia, arrears, bona fide, requirements, change of user and non-user. For the present, we are concerned only with the ground of change of user and non-user, as the petitioners have confined arguments only with regard to those two grounds.