JAGDISHRAI SHIVNATHRAI HORA Vs. PRABHAKAR BALKRISHNA MAHANUBHAV

JUDGEMENT

(1.) THIS writ petition takes exception to the judgment and order passed by the 6th Additional District Judge, Pune in C. A. No. 441 of 1985 dated 15-4-1987.

(2.) THE petitioner is the tenant in respect of the suit premises consisting of 2 rooms on the 3rd floor of House No. 130 situated at Ganesh Peth, Pune. The respondent instituted a suit against the petitioner, being the owner, praying for possession of the suit premises on the ground of arrears of rent, now user of the suit premises for more than 6 months preceding the institution of the suit and for having acquired alternate suitable accommodation. The parties laid evidence before the 3rd Additional Small Causes Court, Pune being C. S. No. 23 of 1982. The Trial Court by its judgment and order dated 20-4-1984 decreed the suit for possession on the ground that petitioner has acquired alternate and suitable premises and for having kept the suit premises locked for more than 6 months preceding the date of institution of the suit.

(3.) BEING aggrieved, the petitioner preferred appeal before the 6th Addl. District Judge, Pune being C. A. No. 441 of 1985. Before the Appellate Court the petitioner sought to rely on certain documents in support of his contention that the respondent was not entitled to maintain the suit as owner since the suit premises was owned by the trust formed by one Govindraj Dayaraj Mahanubhav. The Appellate Court considered the said additional evidence relied upon by the petitioner but concluded that the suit as filed by the respondent was maintainable and could proceed against the petitioner. The Appellate Court affirmed the findings of facts recorded by the trial Court with regard to the ground of petitioner having secured alternate suitable accommodation and of non user of the suit premises for period of more than 6 months preceding the institution of the suit. Accordingly the Appellate Court dismissed the appeal and confirmed the decree of eviction.