PRABHAKAR DATTATRAYA DESHPANDE Vs. KAMALAKAR LAXMAN PATODKAR

JUDGEMENT

(1.) BY this petition filed under Article 227 of the Constitution of India, the Petitioners challenge the order dated 12.10.1983 passed by the IInd Extra Assistant Judge, Nasik in Civil Appeal No.406 of 1981. That appeal was filed by the respondent challenging the Judgment and Decree dated 17.09.1981 passed by the Civil Judge, Junior Division, Yeola in Regular Civil Suit No. 270/77. That Suit was filed by the present petitioners stating therein, that they are the owners of house situated on City Survey No.40-97 of Yeola, and that the respondent is a tenant of the shop. The landlord sought decree of eviction against the tenant, on two grounds:

(2.) THE Trial Court recorded finding against the landlord on the ground of bonafide need. However, the Trial Court found in favour of the landlord on the ground of the default committed by the tenant in payment of rent and on that ground, decreed the suit and directed the tenant to vacate the suit premises. In Appeal filed by the tenant, the Appellate Court confirmed the finding recorded by the Trial Court on the question of bonafide need. However, the Appellate Court set aside the finding recorded by the Trial Court on the question of default committed by the tenant in payment of rent. As a result, the appeal was allowed. Thus, the present petition is directed against the order of the Appellate Court allowing the appeal and dismissing the suit for a decree of eviction.

(3.) FIRST that prior to institution of the suit, the petitioner had let out the shop from his another house to a tailor.