SUDHA MADHUSUDAN LANJEKAR Vs. SHASHIKANT GAJANAN PATHARE

JUDGEMENT

(1.) In view of the final order that is proposed to be passed, it is not necessary to narrate elaborately the facts. The facts necessary for the ultimate order that is proposed to be passed are stated below.

(2.) Petitioner as a landlord had given to the respondent the suit premises for the purpose of carrying out grocery business under a document styled as "leave and license" dated 1 May 1970. The agreement was renewed from time to time and was last renewed on 1 February 1973. In the year 1985, the petitioner filed a suit against the respondent inter alia on the ground that in breach of the condition of license/letting the respondent was using the suit premises both for the purpose of running a grocery shop as well as for residence and that amounted to change of user.

(3.) A decree for possession was passed on the ground of change of user and also other grounds. In the respondent's appeal, the decree for possession passed on the other grounds was reversed. As regards the ground of change of user, the appellate court held that petitioner had proved the change of user but declined to pass a decree on the ground that the suit was barred by limitation inasmuch as the suit (filed in the year 1985) was after lapse of 12 years of the change of user.