SURESH VASANT MALEGAONKAR Vs. RAMABAI KESHAV GOKHALE

JUDGEMENT

(1.) THIS petition is directed against the judgment and decree dated 20th September, 1983 passed by the Second Extra Assistant Judge, Pune in Civil Appeal No. 291 of 1981, whereby the appeal filed by the petitioner was dismissed and thereunder the decree of eviction under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ("bombay Rent Act" for short) passed against the petitioner, by second Additional Judge, Small Causes Court, Pune dated 20th December 1980 in Civil Suit No. 2150 of 1977 was confirmed. THE FACTS

(2.) THE facts giving rise to the present petition, in nut shell, are as under: the petitioner herein is a tenant. He was defendant; whereas the respondents were plaintiffs in the suit. The plaintiffs are landlords of the suit premises located on the first floor of the suit building. The parties herein are referred to in their original capacity for the sake of clarity.

(3.) THE suit premises were let out to defendant No. 1 for running typewriting institute and shorthand classes. The defendant No. 1 carried on these activities for sometime. In order to supplement his income, he entered into partnership with defendant No. 2 and started running Photo Studio in the part of the said suit premises under the name and style "raghuvir Art Studio, Pune".