SIKANDAR AZIZ PATEL Vs. NILESH NANDKUMAR SHAH

JUDGEMENT

(1.) APPELLANTS in the Appeals are tenants while Respondent is the owner of house property. Some part of the house property is in possession of each Appellant as tenants.

(2.) THE Respondent/Original Plaintiff has filed three suits against the three tenants/Appellant for possession. It is his case that, the property bearing survey No.519/1 situated at Koregaon, Taluka Koregaon, Dist. Satara is owned by him. The said property consists of six Khans and is in occupation of the Defendants/Appellants herein. Each one occupies two Khans. The rent is Rs.8.00 per month. All tenants were inducted in the premises on the basis of separate lease deeds dated 16th June, 1950. On 1st August, 1979, Plaintiff acquired title. The Plaintiff treated the leases as governed by the provisions of the Transfer of Property Act and by terminating the leases sought permission. The suit notices are dated 1st December, 1979 and tenancy was terminated by end of 31st December, 1979.

(3.) THE admitted position is that by separate lease deed dated 16th June, 1950 each tenant was put in possession. The lease deeds specifically recites that the tenants are to reside in suit premises and carry on their business/professional activities. Thus, user is residence as well as business.