SULOCHANABAI KASHINATH GUJAR Vs. KRISHNABAI DHANIRAM UGVEKAR

JUDGEMENT

(1.) THIS writ petition under Article 227 of the Constitution of India takes exception to the judgment and order passed by the IV Additional District Judge, Thane, in Civil Appeal No. 183 of 1983 dated April 7, 1989.

(2.) THE petitioner is a tenant in respect of the premises which are owned by respondent No. 1 bearing Municipal House No. 75, Ali No. 63 known as Ugvekar Chawl, situated at Rambaug, Kalyan. The suit property consists of one room which was let out to the predecessor of the petitioner-Kashinath Gujar on a monthly rent of Rs. 8. 00 plus 0. 16 Paise towards education cess. After the demise of the said Kashinath Gujar, the petitioner has become tenant of the present respondent No. 1.

(3.) RESPONDENT No. 1 instituted a suit in the Court of the II Jt. Civil Judge, Junior Division, Kalyan, being R. C. S. No. 288 of 1975 praying for recovery of possession of the suit premises. Eviction of the petitioner-tenant was prayed on different grounds, viz. default in payment of rent; conduct of the petitioner-tenant causing nuisance and annoyance; petitioner having committed an act contrary to provisions of Clause (o) of section 110 of the Transfer of Property Act, 1981; petitioner having erected a permanent structure without the consent of the landlord; and bona fide and reasonable requirement of the landlord.