KESHAVJI RAMJI SANGHAVI Vs. SULOCHANABAI RAMKRISHNA MIRWANKAR

JUDGEMENT

(1.) This is a tenant's Special Civil Application under Article 227 of the Constitution directed against the judgment and the decree passed by the Joint Judge, Thana, on January 18, 1972, under Section 13 (1) (a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, read with Section 108 (o) of the Transfer of Property Act, 1882.

(2.) The learned Civit Judge, Senior Division, Thana, held in the suit for eviction, filed by the landlord in his judgment and decree, dated March 31. 1970, that the tenant had removed an old beam ridden with termite and refixed a new one; and this would not be an act contrary to the provisions of Clause (o) of Section 108 of the Transfer of Property Act; and, therefore, dismissed the plaintiff's suit.

(3.) The learned Joint Judge reversed that decision holding :--