JANARDAN BHAURAO KELKAR Vs. MUKUND LAXMIKANT MUDRAS

JUDGEMENT

(1.) This is a petition of a tenant who though succeeded before the trial court in view of the dismissal of the eviction suit (Regular Civil Suit No. 23 of 1994), instituted against him by the landlord, now suffers an eviction decree, in view of the appellate court, decreeing the landlord's suit, by the impugned judgment dated 21 April 1998. During the pendency of the proceedings the petitioner tenant has expired. This Writ Petition is thus being pursued by his legal heirs and representatives.

(2.) In nutshell the facts are:

(3.) The respondent inter alia on the assertion that the tenant had no right and authority to undertake such construction of a permanent nature, without the permission of the respondent landlord which resulted into the tenancy rights of the petitioner having extinguished, as per Section 13(1)(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short 'the Bombay Rent Act'), instituted Regular Civil Suit No. 23 of 1994 before the Civil Judge, Junior Division, Malvan.