SHANTILAL KESHARMAL GANDHI Vs. PRABHAKAR BALKRISHNA MAHANUBHAV

JUDGEMENT

(1.) The petitioner-tenant has invoked Article 227 of the constitution of India and sought to challenge concurrent findings of fact given by the Courts below, whereby, respondent-landlord's suit for possession on the ground of "change of user and non occupation continuously for more than 'six months" has been decreed.

(2.) The suit property is situated on the ground floor of house No. 358, Shop no. 4, Ganesh Peth, Pune, consisting of two rooms having monthly rent of Rs. 55/- and Rs. 16/- towards education cess. Petitioner- tenant had occupied shop No. 1, as alleged, for composite use since 1962 to 1977. On 22nd January, 1997, the petitioner-tenant agreed and exchanged the tenancy of Shop No. 4, premises in question, with Shop No. 1. The petitioner-tenant, since then, has agreed to occupy the Shop No. 4 for residence purpose only and accordingly been using the same since then, till 10th September, 1981. From 11th september, 1981, petitioner-tenant, without permission, has been using the premises in question for making hardboard boxes.

(3.) The said business has been registered as "hemant Box Manufacturing company" in the name of his son and also registered under the Shops and establishments Act. Petitioner-tenant has alleged that he is using the said premises for both the purposes as the earlier premises were also used for the composite purpose. The petitioner, at the time of exchange of the premises, agreed in writing, to use the premises in question for residence purpose only and accordingly, endorsement was made on Exhibit-18. The respondent- landlord, as alleged never objected for the use of the said premises for composite purpose. The respondent-landlord, however, resisted the said contentions.