MANORAMABAI Vs. PRAMILA VIJAY PHANSALKAR

JUDGEMENT

(1.) These two cross writ petitions arise out of a Judgment and Order dated 19 February, 1994 passed by the 3rd Additional District Judge, Pune, confirming a decree of eviction passed against the tenant in a suit of the landlady.

(2.) In view of the fact that these are cross petitions, for the sake of convenience, the parties are hereinafter referred to as "landlady and tenant".

(3.) The landlady filed a suit against the tenant and her son, bearing Civil Suit No. 327 of 1985, in the Small Causes Court at Pune for eviction inter alia on the grounds of damage to the suit property, permanent construction, nuisance and annoyance. The trial Court held that the construction made by the tenant did not amount to a permanent construction and also did not cause any loss or damage to the property. The trial Court, however, held that the tenant was guilty of a conduct which amounted to nuisance and annoyance to the landlady and passed a decree for eviction on the ground of nuisance and annoyance. Aggrieved by the decision, tenant and her son filed an appeal being Civil Appeal No. 701 of 1990 against the decree of eviction passed against her on the ground of nuisance and annoyance. The landlady filed a cross-objection contending that the decree for eviction ought to have been passed also on the ground of permanent construction and damage to the property.