YESHWANT G BODHE Vs. D S RAJAPURKAR

JUDGEMENT

(1.) The petitioner-tenant has invoked Article 227 of the Constitution of India and sought to challenge the impugned judgment and order dated 21st March, 1992, passed by the Additional District Judge, Pune, (for short Appellate Court) , thereby, the appeal preferred by the respondents-landlord was allowed and suit for recovery of possession was dismissed. The Cross-appeal no. 147/84 filed by the petitioner was also dismissed. Therefore, the present writ petition filed by the tenant.

(2.) Heard the learned Counsel Mr. C. R. Dalvi with Mr. S. M. Mhamane for the petitioner. None for the 2a to 2f, though served. None for the receiver. The writ petition was on the board of final hearing on 23-6-2005, 20-6-2005, 11-7- 2005 and lastly on 13-7-2005.

(3.) The premises in question are situated in Udyan Prabhu at C. T. S. No. 6298/a-2, Shivajinagar, Pune-2. The suit premises comprises of (A) Flat on first floor-Hall 2 rooms W. S. (B) Flat on Second floor-Hall, Bedroom, Kitchen, w. C. (C) Flat on first floor-Hall, 1 room (D) Flat on ground floor - 2 rooms W. C. and contracted rent of the premises (A) flat Rs. 160 per month, (B) Flat rs. 160 per month, (C) Flat Rs. 70 per month and (D) Flat Rs. 40 per month. Total rent Rs. 430/- per month inclusive of all taxes etc.