AMAR SINGH LAXMANDAS CHHABARIA Vs. SUBHADRABAI ANNASAHEB GHORPADE

JUDGEMENT

(1.) THIS is a petition by original defendants -tenant challenging the decree for possession passed on the ground of acquisition of alternative suitable premises.

(2.) FEW facts which are relevant for the purpose of this petition Eire that Respondent -landlord filed Civil Suit No. 2895 of 1975 initially only against Petitioner No. 1 alleging that he is not using the premises for the purpose for which it was let for a period of more than six months prior to the date of institution of the suit, i. e. since January, 1972. It is also alleged in the suit that since the tenant has acquired suitable residence, he has shifted to the said premises since 1972 and after filing such a suit in the year 1978, to be precise on 30th August 1978, he joined Petitioner No. 2 as Defendent No. 2 in the suit.

(3.) ON the basis of rival contentions, issues were framed and the trial Court held that plaintiff failed to establish the ground of non -user. However, the Court passed decree on the ground of acquisition of alternative suitable premises by the Judgment and Order, dated 21st June, 1980.