RAMANLAL KANTILAL DOSHI Vs. LALCHAND HEMRAJ NAHAR

JUDGEMENT

(1.) The petitioner is the owner/landlord of the suit property admeasuring 20 ft. x 10 ft. at the basement on the back side of CTS No. 740, Budhwar Peth, Ganesh Road, Pune.

(2.) The trial Court granted decree of possession against respondents 1 and 2 (defendants 1 and 2) by holding that the petitioner/ plaintiff proved that suit premises were let out for residence; he is a defaulter; not ready and willing to pay the rent inspite of legal notice; changed the use of premises from residence to non-residence; respondent No. 1 sub-letted the premises to defendant No. 2; needed for own use and occupation and thereby ordered possession.

(3.) By the impugned order, however, the Appellate Court allowed the Appeal filed by respondent No. 2 and original defendant No. 1 /tenant not entered into the witness box and not challenged the impugned order of trial Court. The Appellate Court while reversing the decree of possession has granted protection under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short, "The Bombay Rent Act") to defendant No. 2.