Bhan, J. - (1.) Tenant being aggrieved by the order of eviction passed against him has come up in the present appeal.
(2.) Under an indenture of lease, Mussa Zaik Usman (predecessor-in-interest of the respondent-landlord) let out a portion admeasuring 47.04 sq. meters on the ground floor of Aaisha Theatre, Ponda-Margao Road, Ponda, to the Goa Urban Co-op. Bank Ltd., the appellant herein, for a term of two years extendable by mutual consent at a rent of Rs. 200/- per month (hereinafter referred to as a demised premises). Clause (6) of the lease specified. "6. The lessee shall utilise the premises for the functioning of its office."
(3.) The appellant shifted its office from the premises at Aaisha Theatre to the Navelkar building at the distance of about 100 meters and began to use the demised premises for keeping records. Mussa Zaik Usman on 15-5-1982 addressed a letter to the appellant that as it had shifted its Branch in the newly constructed Municipality building Ponda and the premises were lying closed and presumably were being used as a godown, he called upon the appellant to vacate the demised premises. On 29-10-1984 the landlord wrote another letter to the appellant to vacate the premises and also stated therein that they would offer alternate premises for use as a godown for which purpose the demised premises were being used by the tenant. In response to the above letter, the Bank wrote to the landlord that they were willing to vacate the premises occupied by them provided the landlords offered them alternate space to store the records and furnish a declaration that the premises which were being vacated would be used by them for their bona fide personal use. The appellant gave certain specifications as per which the building was to be made ready for keeping the records of the bank.;