DEJU KHUDDU MULLYYA Vs. PHARIN FARID ALI PATEL

JUDGEMENT

(1.) Petitioner/original Defendant/Tenant has invoked jurisdiction of this Court under Art. 227 of the Constitution of India, questioning the legality, validity and propriety of the impugned Judgment and Order dtd. 29th January 2020 passed by the learned District Judge-1, Karad in Regular Civil Appeal No.62 of 2018, dismissing the Appeal preferred by the Petitioner and confirming the Judgment and Decree dtd. 26th March 2018 passed by the learned 5th Joint Civil Judge, Junior Division, Karad at Karad, District Satara in Regular Civil Suit No. 199 of 2013.

(2.) Heard Mr. Pratap Patil, learned counsel for the Petitioner and Mr. Vishal Kanade, learned counsel for the Respondents. Perused entire record.

(3.) Respondents are successors of deceased Farid Ali Patel. Respondent No.1 is the wife and Respondent Nos. 2 and 3 are the sons of the deceased Farid Ali Patel. Deceased Farid Ali Patel had let out suit premises, i.e. shop No.3 on final plot No.38 in basement/ground floor at Shaniwar Peth, Karad, more specifically mentioned in para No.1 of the plaint in R.C.S. No.199 of 2013, to the Petitioner by executing an Agreement of Lease dtd. 12 th April 1989 (Exh.55), on monthly rent of Rs.1600.00 for a period five years only. As per the said agreement, use of suit premises was restricted to the purpose of hotel business only. Petitioner was not permitted to sublet the suit premises or carry on any other business than it was let out. In the year 2010, Petitioner changed use of suit premises and started lottery business in it without prior consent of the Respondents. Petitioner also sublet suit premises to Mr. Kiran V. Patil on rent of Rs.3,000.00 per month and had also accepted deposit of Rs.20,000.00 from him.