VISHWANATH GANPATRAO VYAVHARE Vs. ANNAPURNABAI NANURAM BAJAJ

JUDGEMENT

(1.) HEARD. Rule was issued in CRA on 7th October, 2004.

(2.) THIS is landlord's revision, challenging the order of learned District Judge dated 10.4.2003, whereby he refused eviction decree against the tenant recorded by learned Rent Controller dated 10.5.1999 in Case no.1984-RC-O-12. The landlord sued the tenant for eviction on the ground - a) willful default in remittance of 43 months' rent; b) requirement of premises for bonafide use for the landlord's sons.

(3.) THE observation of the first Appellate court in not accepting that the tenant was in willful default, is in tune with the settled position of law, as is discussed by the learned Appellate Court in paragraph 30, 33 of the Judgment.