MANOHAR GAJANAN KOSHE Vs. SADASHIV MAHADEO PARDESHI

JUDGEMENT

(1.) By this Petition, the Petitioner-Tenant is challenging the Judgment and Order of the Learned Civil Judge, Junior Division, Khalapur, District Raigad dated 28th September, 1984 and also the Judgment and Order of the Learned Additional District Judge, Raigad dated 24th October, 1990, confirming the Judgment of the Trial Court, in an Appeal. The Petitioner-Tenant, aggrieved by both the aforesaid Judgments, has filed this Petition under Article 227 of the Constitution of India.

(2.) The brief facts are, that the Petitioner was inducted as a Tenant in a suit premises which includes a room and a tin shed. In the said room, two walls were of tin sheets. The area of the tin shed was 9' X 9" and the area of the room was 14' X 14'. The monthly rent of the suit premises was of Rs.3/-.

(3.) It appears that the Petitioner-Tenant had approached the Respondent-Landlord to carry out certain repairs in the said suit premises and ultimately, the Petitioner-Tenant informed the Landlord that he was carrying out the repairs at his own costs. The Landlord appears to have made an application on 16th May, 1980 to the Khopoli Municipal Council, mentioning therein that the Petitioner-Tenant may be allowed to repair two tin sheets in the said suit premises by removing them and providing a wall. However, the Khopoli Municipal Council had declined to grant any permission for carrying out such repairs vide Exhibit 68. The Petitioner-Tenant appears to have on his own, got the entire premises demolished and got a new construction erected consisting of bricks and masonary and even a new plinth was laid. It is also the contention of the Landlord that even the floor area of the said premises has been increased. Over and above, a separate bath room has also been constructed in the nearby open space. Under the aforesaid facts and circumstances, the landlord terminated the tenancy of the Petitioner and filed a suit for eviction, mainly on the ground of section 13(1)(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the Rent Act). Section 13(1)(b) reads as under :-