VIDYADHAR VINAYAK GODBOLE Vs. RAMESH NARAYAN TULSHIBAGWALE

JUDGEMENT

(1.) THE suit premises which consist only of the hall are located in House No. 1140 in Budhwar Peth within the city limits of Pune. The adjoining portion of the hall is used as kitchen. These two portions were leased out to the present petitioners at the monthly rental of Rs. 6/- and Rs. 4/- respectively. It was alleged that the petitioners were in rental arrears for more than six months commencing from 8th of September, 1973 and as such they were defaulters. An eviction notice came to be issued to the petitioners incorporating the ground of default and also in addition the ground under Section 13(1)(g) of the Bombay Rent Act claiming that the respondent-plaintiff bonafide and reasonably requires the premises. Initially, these were the only grounds pressed into service in that notice. However, subsequently a new ground was added under Section 13(1)(a) of the Bombay Rent Act alleging that there has been a change of user inasmuch as though the premises were rented out exclusively for residence those are being utilised for the business purpose when a Tailoring Institution was operating there. It is on these three counts that possession of the said premises was claimed.

(2.) RESISTING the suit the petitioners-defendants denied all the adverse allegations and contended that they have not been in arrears at all and further the institute in question was operating in those premises right from the inception of the tenancy and thus there has been no change of user. The plaintiff's claim for bonafide and personal requirement was also contested.

(3.) THAT decree was placed under challenge by the respondent-plaintiff in Civil Appeal No. 829 of 1981 before the learned Assistant Judge, Pune. On that forum the two other grounds under Section 12(3)(a) regarding the default and being in arrears for more than six months as also under Section 13(1)(g) regarding the bonafide and reasonable requirement of the plaintiff were not pressed whereas the appeal was pressed only on the ground of change of user as contemplated under Section 13(1)(a) of the Rent Act.