SURESH VASANTRAO MALEGAONKAR Vs. RAMABAI KESHAV GOKHALE

JUDGEMENT

(1.) THIS is a tenant's Petition challenging the Judgment dated 20-9-1983 delivered by the Appellate Court in Civil Appeal No.291 of 1980 dismissing the Appeal filed by the Petitioner and confirming the decree of eviction passed against the Petitioner by the IInd Addl. Judge, Small Causes Court, Pune, dated 20-12-1980 in Civil Suit No.2150 of 1977.

(2.) THE suit premises are on the first floor of the building. The ground on which decree has been passed against the Petitioner is that though the premises were let out to him for using the premises for running a shop for repairs for Typewriter, for running typewriting and short-hand classes. The petitioner after entering into partnership with another person has started using the said premises for Photography business. The trial Court held that there is change of user and therefore passed decree in favour of the landlord.

(3.) IT is to be seen that it is clear from the Judgment of both the Courts below that the premises continued to be used for the business for which they were leased out, subsequently the tenant entered into partnership for running photography business also in the same premises. The Supreme Court in this Judgment Gurdian Batra v. Raj Kumar Jain referred to above in paragraphs 6 and 7 have observed :