SHANTABAI TUKARAM CHOUDHARY Vs. A K BUILDERS REGISTERED PARTNERSHIP FIRM THROUGH ITS PARTNER ZUBER ASGARBHAI POONAWALA

JUDGEMENT

(1.) Heard Mr. Page, learned Counsel for the petitioner at length.

(2.) By this Petition under Article 227 of the Constitution of India, the petitioner, hereinafter referred to as 'defendant' has challenged the judgment and decree dated 3rd December, 1999 passed by the learned 14th Additional District Judge, Pune in Civil Appeal No.599 of 1996. By that order, the learned District Judge allowed the appeal preferred by the respondent, hereinafter referred to as 'plaintiff' and set aside the judgment and decree dated 6th March, 1996 passed by the learned 2nd Additional Small Causes Judge, Pune in R.C.S. No.2 of 1995. The learned District Judge decreed the suit filed by the plaintiff under sections 13 (1) (g), 13 (1) (k) and 13 (1) (l) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short 'Act'). The relevant and material facts, giving rise to filing of the present Petition, briefly stated, are as under.

(3.) The plaintiff instituted suit for recovery of possession of premises, more particularly, described in paragraphs 1 and 2 of the plaint. In paragraph 1 of the plaint, the plaintiff contended that land admeasuring 20.18 square meters out of total land admeasuring 3251.12 square meters of C.T.S No.915, Ravivar Peth, Pune was let out to the defendant in the year 1958. The previous owner had permitted the defendant to erect rooms on the rented area at her own costs and use and occupy the same for residential purposes. Again, additional area of 20.18 square meter was let out to the defendant in the year 1970 by the erstwhile landlord.