LAXMIBAI Vs. RAGHUNATH G TANAWADE

JUDGEMENT

(1.) The tenant original defendant No. 1 has challenged the order passed by the learned District Judge, Pune, dated September 1973 in Civil Appeal No. 890 of 1972, confirming the order passed by the trial Court on August 21, 1972, under Article 227 of the Constitution of India.

(2.) The plaintiffs suit against the defendants was filed on the allegation that the plaintiff required the suit premises reasonably and bona fide for his personal use and occupation and that defendant No. 1 has sub-let those premises to defendant No. 2. Defendants resisted the said suit contending that the plaintiff does not require the suit premises for bona fide use and occupation and that defendant No. 1 had not sub-let the premises to defendant No. 2. So far as the plaintiffs bona fide requirement of use and occupation of the premises is concerned, both the courts below have held that the plaintiff failed to prove the said ground. However, it is held that defendant No. 1, had sub-let the premises to defendant No. 2, and therefore, order of eviction was passed against the defendants in respect of one room on the ground-floor of the back portion of House No. 638, Sadashio Peth, Poona. The learned District Judge held as under :

(3.) In the result, the Order passed by the learned District Judge, Poona on September 7, 1973 in the Civil Appeal No. 890 of 1972, confirming the decree passed in Civil Suit No. 723 of 1972 by the Additional Judge of the Small Causes Court, Poona is set aside and the plaintiffs suit is dismissed.