KHANDELWAL STEEL AND PIPE DISTRIBUTORS Vs. RAJENDRA

JUDGEMENT

(1.) Heard finally by consent of the learned Counsel appearing for the parties. Rule. Rule is made returnable forthwith.

(2.) This writ petition filed under Article 227 of the Constitution of India takes exception to the judgment and decree passed by the learned District Judge, Nagpur dtd. 10/1/2022 in Regular Civil Appeal No. 250/2019 dismissing the appeal preferred by the petitioner-tenant upholding the eviction decree passed by the Small Causes Court Nagpur in Regular Civil Suit No. 42/2015 dated, 15/5/2019.

(3.) Briefly stated, the respondent-landlord has filed Regular Civil Suit No. 42/2015 seeking eviction decree against the petitioner-tenant in terms of Sec. 16(1)(g) of the Maharashtra Rent Control Act ('Rent Act'). For the sake of convenience, the parties are referred as per their status before the Trial Court. The plaintiff-landlord is the owner of three storied house property situated at Central Avenue, Nagpur which is specifically described in para one of the plaint. The said building consists of ground, mezzanine, first, second and third floor. The defendant is the tenant of a shop premises situated on the ground floor admeasuring 177 sq.ft. area. The defendant is running business in the said premises since last 40 years. The tenancy commences from the first day of each month as per English calendar and ends on the last date of the respective month. The agreed rent of suit premises was Rs.350.00 per month including Municipal Taxes.