MR. LALCHAND RAGHUNATH LUNAVAT Vs. DNYANOBA SADBA KADRE

JUDGEMENT

(1.) The petitioners are before the Court in this petition under Article 227 of the Constitution of India, being aggrieved by the judgment and order dated 7 December 1996 of the learned 10 th Additional District Judge, Pune, whereby the appeal of the respondent-landlord came to be partly allowed thereby decreeing the respondent's suit for possession on the ground of non-user of the suit premises. The petitioner Lalchand Raghunath Lunavat was the tenant of the suit premises, who expired during the pendency of the suit. Petitioner Nos.1(a) to 1(e) are his legal heirs and representatives, who are pursuing this proceeding.

(2.) In nutshell the facts are :- The suit premises is a shop admeasuring 10 ft. X 17 ft. situated at 16, Kasba Peth, Pune. It is not in dispute that the petitioner was a tenant of the suit premises paying rent of Rs.50/- per month.

(3.) The respondent instituted the suit in question (Regular Civil Suit No.1250 of 1989) against the petitioners for a decree of possession interalia on the ground of non-user, change of user and for a money decree of Rs.3034/- towards arrears of rent for the period December 1985 till filing of the suit on 22 December 1989 and for mesne profit.