DNYANU BABU MALI Vs. KHAJESHA HANIFSHA ABDUL BHANDARI

JUDGEMENT

(1.) THE petitioner is tenant of premises situated in City Survey No. 5759-C at Mangal Talkies, Miraj, and the petitioner is running a canteen in the said premises. The premises were let out in the year 1952 on a monthly rent of Rs. 35/-. The landlord terminated the tenancy and instituted suit in the year 1974 on the grounds : (1) default in payment of rent, (2) conduct of tenant resulting into nuisance and annoyance, (3) that the act committed by the tenant amounts to breach of Section 108(0) of the Transfer of Property Act, and (4) that the tenant has erected a permanent structure in the premises without the prior consent in writing of the landlord.

(2.) THE trial Court, after recording evidence, decreed the suit on three grounds and held in favour of the tenant on the ground of default. The tenant carried appeal before the District Court, Sangli, and the appeal was dismissed. The lower appellate Court upheld the decree of eviction only on the ground of erecting permanent structure in the suit premises. The judgment dated February 22, 1980 passed by the District Judge, Sangli, is under challenge in this petition filed under Article 227 of the Constitution of India.

(3.) ACCORDINGLY , petition succeeds and rule is made absolute. Decree of eviction passed by the two Courts below is set aside and the suit is dismissed, as far as the claim for possession is concerned. The petitioner shall pay the costs as the petitioner was in arrears of rent, though not for six months. Petition allowed.