- (1.) THE petitioner is a tenant. He challenges in this writ petition, the orders passed by the courts below evicting him from the suit premises which is a shop at the ground floor of C. T. S. No. 358, Nana Peth, Pune. It was belonging to the respondents father. During the pendency of the writ petition, the original petitioner No. 2 died and his legal heirs were impleaded in his place. Eviction of the petitioner from the suit premises was sought by the respondents father, original plaintiff on the ground of arrears of rent, bona fide requirement and non user of the premises. Both the courts found that there are bona fide requirement and non user of the premises. However, the ground of arrears of rent has not been found favour with the plaintiff.
(2.) I heard Counsel for the petitioner Mr. Mohan Pungaliya and Mr. H. S. S. Murthy for respondents.
(3.) THE learned Counsel for the petitioner relying on the evidence adduced in this case, submits that the conclusions arrived at by the courts below are erroneous and perverse. He argues that the original plaintiff has failed to prove bona fide requirement. The bona fide requirement pleaded and proved in this case is that the original plaintiff was staying in the first floor with family and on the ground floor he was running a printing press. The suit premises is adjacent to the road. According to original plaintiff, he had lost his eye sight and therefore, he had to depend upon his wife to run the printing press which contain several machineries. In order to find enough space to keep those machineries, he had to fill in closed the neighbouring wall. According to him, he requires more space for using the machinery. Therefore, he requires the adjacent room which is occupied by the petitioners father for doing his timber business. It has been further the case of the original plaintiff that the premises was not being used by the tenant and it was remained closed for 10 years. As the iron sheets above the shutter of the suit premises has been rusted and no attempt was made to repair it. The electricity bills are kept in arrears for years together. According to the plaintiff, all these circumstances will go to show that there was cessation of user of the premises.;