NANDKISHORE MADANGOPAL BAHETI Vs. DATTATRAYA RANGNATH BAHIRAT

JUDGEMENT

(1.) PETITIONER-TENANT-ORIGINAL Defendant No. 1 has preferred this writ petition feeling aggrieved by the order of eviction suffered by him at the trial stage as well as the appeal stage.

(2.) IT was the case of the Respondent No. 1 original plaintiff that his father let out the premises to the father of the petitoner-Defendant No. 1 and respondent No. 2-Defcndant No. 2 way back in the year 1950 and that the purpose of the tenancy was for business use only, In fact, the rent receipts are also issued in the name of Baheti Trading Co. a proprietory concern of the original tenant. Petitioner is the son of the original tenant.

(3.) THE plaintiff filed a suit for eviction against the petitioner on various grounds of nuisance, sub-letting, change of user and other grounds. However, he only pressed for grounds of sub-letting and change of user before the two courts below. The trial Court after recording evidence and hearing the parties granted decree on the ground of sub-letting as well as on the ground of change of user. Petitioner challenged it before the appeal Court where the decree was confirmed on both the grounds. Hence this writ petition.