MAHADEV MAHANTAPPA PATIL Vs. AHMED USMAN SAYYED

JUDGEMENT

(1.) RULE, returnable forthwith. Learned Counsel for the respondent waives service. By consent taken up for hearing and final disposal.

(2.) IN a suit instituted in 1984, a decree for eviction was passed by the civil Judge, Senior Division at Solapur on 30/04/1997 under section 13 (l) (a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The ground for eviction was that the tenant had committed an act contrary to the provisions of section 108 (o) of the Transfer of Property Act, 1882, by not utilising the premises for the purpose for which they have been let out. The judgment and order of the learned Trial Judge has been affirmed by the Additional District Judge at Solapur on 2nd January, 2003.

(3.) THE admitted fact is that under a rent note executed on 20/07/1982, the premises were let out for being used for residential purposes. The suit was Instituted in 1984 and in paragraph 6 of the plaint, the landlord pleaded that approximately one year prior thereto, the tenant had commenced holding classes of a Montessori School described as a "balwadi" in which 75 children had been admitted. According to him, the school had been commenced by the tenant and his wife and was being conducted by a body known as the "shishu Sanskar Shikshan Prasarak Mandal" at solapur. In this manner, it was pleaded that the premises which had been taken on rent for the purposes of residence were being used for another purpose without the permission of the landlord. In reply to the averment contained in the plaint, the tenant admitted that the premises had been taken on rent for the purpose of residence, but contended that they were being utilised for that purpose. The tenant admitted that he was conducting a Balwadi, but then stated that the institute was not for profiteering as alleged, but for imparting education to students.