ASHOK BABANRAO VISKHANDE AND SHRI SUBHASH BABANRAO VISKHANDE Vs. MURLIDHAR RAMRATAN BHANDARI AND SHRI ASHOK LALCHAND TELISARA

JUDGEMENT

(1.) THIS writ petition, under Article 227 of the Constitution of India, takes exception to the judgment and decree passed by the 8th Additional District Judge, Pune dated 29th April 1993 in Civil Appeal No. 49 of 1991.

(2.) THE Petitioners are the landlords in respect of shop premises in house bearing CTS No. 849 situated at Shukurwar Peth, Pune. The petitioners instituted a suit for possession of the suit premises against the Respondent-tenants on the ground of reasonable and bonafide requirement, default and unlawful subletting. Besides these three grounds specifically pleaded in the plaint, the petitioners also sought possession of the suit premises on the ground of change of user. The trial Court decree the suit only on the ground of unlawful subletting. However, the Appellate Court has reversed that decree by the impugned judgment and decree, holding that even the ground of unlawful subletting was not established. Even the other grounds have been answered against the petitioners.

(3.) IN this writ petition, the petitioners have assailed the correctness of the findings reached by the courts below on each of the abovesaid grounds which were pressed into service before the trial Court.