HOTEL ROSALIA PRIVATE LIMITED Vs. METRO HOTELS

JUDGEMENT

(1.) THIS petitions directed against the judgment and decree dated 20-10-1986 passed in Civil Appeal No. 159 of 1984 by the District Judge, Pune, whereby the judgment and decree for eviction passed in Civil Suit No. 2260 of 1978 dated 27-10-1983 was set aside by the 3rd Additional Small Cause Judge, Pune. FACTS IN BRIEF

(2.) THE facts in narrow compass are as under : the petitioner-plaintiff is a Private Limited Company having its registered office at 14, Cannought Road, Pune. The respondent No. 1 (Tenant) is a partnership firm represented by its partners; the respondent Nos. 2 and 3 original defendant Nos. 2 and 3 herein. The parties hereinafter referred to in their original capacities in which they were arrayed in the original suit. The plaintiffs case:

(3.) THE plaintiff filed a suit being Civil Suit No. 2260 of 1978 in the Court of 3rd Additional Small Cause Court Judge, Pune, for eviction of tenant and possession of the suit premises under the provisions of the Bombay Rent, Hotel and Lodging House Rates Control Act, 1947 (Bombay Rent Act for short ).