VISHWANATH GOVIND SABALE Vs. NARAYAN LAXMAN GILANKAR

JUDGEMENT

(1.) THIS petition has been placed before me for admission. The petitioner is a tenant against whom a decree of eviction ha been passed on two grounds. Firstly, because he is in arrears of rents, and secondly because he erected permanent structure in the premises without landlord's permission.

(2.) I will assume that by reason of the amendment brought in Section 12 of the Act, a decree of eviction may not be made on the ground that the petitioner is in arrears of rent. But the second ground, viz., that the petitioner has erected a permanent structure without the permission of the landlord still remains and it is required to be examined. The Judgment of the learned District Judge, Nashik, who heard the appeal reveals these findings : -

(3.) MRS . Gokhale, learned counsel for the respondent drew my attention to a case reported in Radhabai Bapurao Shelar v. Trimbak Madhavrao Shirole and others, 1981 Mah. L.J. Page 967, where the tenant had erected a fresh roof, constructed the steps, and had done regular flooring. This Court refused to interfere with the finding of fact.