NANA Vs. PRABHAKAR

JUDGEMENT

(1.) This proceeding is filed against the judgment and decree of Rent Suit No.8 of 2007 and Rent Appeal No. 2 of 2012. The suit filed by the respondent, landlord, for eviction is decided in his favour by the trial court and that decision is confirmed by the District Court. Both sides are heard.

(2.) The suit was filed in respect of portion admeasuring 16 ft x 7 ft. and 6 ft x 5 ft. from the house property bearing No.4-4-13 situated at Mohalla Kumbharwada, Aurangabad. It is the case of the plaintiff that he is owner of the southern side portion of the house having size of 20 x 20 ft and he got this portion in family partition with his sons. The plaintiff has given hand sketch map of the portion belonging to him. He has also shown the portion which is in possession of the defendant.

(3.) It is the case of the plaintiff that the suit property was given to the present appellants/defendant on monthly rent of Rs.131/- for running Tradle Printing Press. It is contended that in view of development in the technology of printing, the defendant is not getting business and he is virtually not using the premises as Printing Press. It is contended that the defendant has given the suit premises on sub let basis to third party. It is the case of the plaintiff that the defendant owns house having 360 square meters size situated at Fakirwadi and it is three storeyed building. It is contended that on the ground floor of this building there are two shop premises where the defendant can shift his printing press.