- (1.) THIS is a tenant's petition challenging the concurrent findings recorded by both the Courts below. So far as the finding recorded by the Courts about change of user is concerned, it is clear from the written agreement between the parties that open land was given for putting up a depot for sale of coal and firewood. An admitted position is that, presently it is being used for residence. It is clear that as a result of the judgment of Division Bench of this Court in the case of Narayanlal Bansilal deceased Venkatlal Govindlal Petit and others vs. M/s Bright Brothers and others, reported in 1979 Bom.C.R. 288, in so far as provision of section 108(o) of the Transfer of Property Act is concerned, it is not necessary for the landlord to prove that such change of user is destructive or permanently injurious to the premises. Once premises are given only for the purpose of commercial use and it is used for residential purpose, would be change of user. Besides, both the Courts below have recorded concurrent findings of facts. Considering the extremely limited jurisdiction of this Court under Article 227 of the Constitution of India, it would not be proper to interfere with the concurrent findings recorded by both the Courts below. Petition is rejected.
(2.) BY consent of parties, operation of the interim order passed in this petition shall continue for a Period of six weeks from today. Parties to act on the copy of this order duly authenticated by the Sheristedar / Personal Secretary as true copy. Certified copy expedited.;