MOHAMMAD IQBAL GULAM Vs. ABDUL RAJJAK LALMIYA

JUDGEMENT

(1.) THIS is a petition filed by a tenant challenging the Judgment and Decree dated 19-2-1994 in Civil Appeal No. 257 of 1991 on the file of the District Judge, Nasik.

(2.) THE respondent landlord filed an eviction suit against the petitioners on many grounds. After trial, the trial Court held that landlord has failed to prove any of the contentions and dismissed the suit. The matter was taken up in appeal where the District Judge who also held that the plaintiff has failed any of the four grounds which were pressed before him. Being aggrieved by that order, the plaintiffs have come up with this writ petition.

(3.) IN this petition the learned Counsel of the petitioners has challenged only one finding of the District Judge namely, that the tenant had committed breach of the conditions in the lease deed in not vacating the suit premises as agreed in the lease deed. It appears there is one condition in the lease deed under which the tenant had agreed to vacate the suit premises as and when required by the landlord if he desires to put up any construction. According to the landlord since on demand the tenant failed to vacate the premises he had committed breach of lease deed and therefore, he is liable for eviction under section 12 (1) of the Bombay Rent Act.