B R TUPKARI Vs. SUSHILABAI P CHIKATE

JUDGEMENT

(1.) This is a writ petition filed by a tenant against a decree for eviction passed by the lower Appellate Court, setting aside the trial Courts decree of dismissal of the suit.

(2.) The error committed by the lower Appellate Court is of gross and patent character. I have no other alternative but to quash the said Courts decree and restore the decree of dismissal of the suit passed by the trial Court.

(3.) The facts relevant for the purpose of this petition are very few :--- The house in which the suit premises are situate belongs to the present respondent No. 1, who is hereinafter referred as the plaintiff. She herself resides in the said house in three rooms with her husband, who was a Lecturer or Professor in a college. He retired from the service in 1970. He has a son who admittedly, has been established in Pune as an Engineer, having his own accommodation there. There is no dispute that from the rear 1970, at least, the plaintiff has been in occupation of three rooms in which herself and her husband are living. It has come on record that apart from working in the college as a member of the staff, the plaintiffs husband also was giving private tutions in his house to the students. The defendant is a tenant in the said house and he has been in possession of two small rooms in the same. There was another tenant by name Killedar in one room thereof. We are not concerned with any other tenant in the house. It may be taken more or less established that the defendant who resides in the suit premises consisting of the two small rooms, has no financial capacity for paying larger rent at all than what he is paying for the suit premises, in which he is residing with his wife, a son and two daughters.