SUDHA SUMANT BARVE Vs. RANJANA RAMESH PADHYE

JUDGEMENT

(1.) The petition challenges the order passed by the learned Joint District Judge, Thane dated 21st June, 2002 thereby allowing civil appeal no. 145/1999 filed by the respondent-tenant and setting aside the decree of eviction as passed by the learned Joint Civil Judge, Junior Division, Thane in Regular Civil Suit No. 293/1995 dated 29th July, 1999.

(2.) The facts in brief giving rise to the present petition are as under: The original plaintiff is the owner of ground and first floor of a building known as Shrikrupa Building located at Gawand Peth at Thane. The husband of the defendant was the tenant of the plaintiff in respect of two rooms and kitchen with W.C./Bathroom admeasuring 650 sq. ft area on the ground floor on a monthly rent of Rs. 160/- per month exclusive of taxes since March 1974. It is the contention of the plaintiff that the suit premises were given on rent to the husband of the defendant only for residential purposes. The husband of the defendant-tenant died on 17th December, 1993. After the death of defendant's husband she started residing alongwith her two children in the suit premises.

(3.) It is the contention of the plaintiff that the defendant was working in Murphy Co. at Thane and after accepting the voluntary retirement scheme she started a creche in the suit premises. According to the plaintiff there were 18-20 children in the said creche. It is the case of the plaintiff that on account of this, there was a nuisance to the plaintiff as well as other residents of the Society.