SHAKHARAM KESHAV YADAV Vs. RAJARAM RANGLAL SARDA

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India the petitioner seeks to challenge a decree passed by the learned Extra Assistant Judge of Sangli in Civil Appeal No. 98 of 1978 by which the learned Extra Assistant Judge reversed the decree of the dismissal of the suit passed by the Court of the first instance which was the Court of the Civil Judge (Junior Division) of Sangli. The facts are very few and may be mentioned. It may also be stated that the relevant facts, which I now proceed to mention, are not in dispute.

(2.) The petitioner is a tenant of five rooms in a building bearing City Survey No. 937/B and situated at Sangli which is a district place. Of the five rooms, four are situated on the first floor of the building while one room is on the ground floor. All these five rooms are admittedly used for residence by the petitioner and the members of his family. From the rent which is being paid by the petitioner, that is Rs. 24/- per month, it is clear that the premises must be somewhat old. The petitioner is a businessman carrying on the business of lodging and boarding house which carries the name of Alpana, in another building.

(3.) On 12th of May, 1972, the petitioner purchased a building bearing City Survey No. 158 which is a multistoried building. When the petitioner purchased the said building it was occupied by the Post and Telegraph Department and it has also come on record that one part at least of the said building was used for residence by an employee of the Post and Telegraph Department. After purchasing the said building and after making some alterations and removations the petitioner has started the business of a restaurant in the said building. The restaurant bears the name of Parihar.