LILABAI GOPALKRISHNA PRATINIDHI Vs. PREMLATABAI RAGHUNATH

JUDGEMENT

(1.) This is a tenant's writ petition against the order of the learned Resident Deputy Collector, Amravati granting respondent land lady permission to terminate the tenancy of the petitioner on the ground that the petitioner tenant had changed the user of the tenanted premises and it arises out of the following facts.

(2.) A two room tenement belonging to the landlady was let out to the tenant at the monthly rent of Rs. 23. On 27-8-1971, the landlady filed a petition before the Rent Controller at Amravati asking for permission to terminate the tenancy of the tenant on several grounds as follows:

(3.) On a consideration of entire evidence the learned Rent Controller dismissed the application holding on all counts against the landlady. Thereafter the landlady preferred an appeal and this appeal was heard by the learned Resident Deputy Collector at Amravati. The appellate Court concurred with the finding of the Trial Court so far as the contention of habitual default, alternative accommodation for the tenant and bona fide requirement of landlady were concerned, he rejected landlady's petition based on these three grounds. But he disagreed with the trial Court on the ground of change of user and he held that the tenant was guilty of change of user of the residential premises and so he granted permission to the landlady to terminate the tenancy of the tenant on this ground. Being aggrieved by this decision, the tenant has filed this writ petition.