MANOHAR PURUSHOTTAM SONAR Vs. NANDKRISHNA NARAYAN SONAR

JUDGEMENT

(1.) THE plaintiff from Regular Civil Suit No. 201/1977 filed in the Court of Civil Judge (Junior Division), Nandurbar, has filed this writ petition challenging the order passed by the learned Civil Judge (Junior Division), dismissing his suit for possession of the premises leased to the tenant and the further judgment of the learned Extra Assistant Judge, Dhule, dismissing his appeal filed against the said judgment and decree.

(2.) THE plaintiff filed the suit contending that the suit premises, the ground floor portion of the house City Survey No. 1100/1 being property No. 2417 of Nandurbar was leased to the defendant on monthly rent of Rs. 40/ -. The month of tenancy begins on first of each month as per British calendar and ends at the end of each month of the British calendar. The defendant paid rent upto 30-9-1976. However, thereafter the defendant was avoiding to make payment of the rent by giving false excuses and he did not pay the rent till the time of notice. The plaintiff further contended that he was in service. But he wanted to leave his service because the salary was not sufficient for the maintenance of his family and he wanted to start a shop in the suit premises.

(3.) THE plaintiff further contended that he and his family were residing on the first floor of the suit house and, therefore, it would be very convenient for the plaintiff to start a shop on the ground floor. The plaintiff also contended that the back side wall of the premises had become dilapidated and at that place new wall was required to be constructed. The Municipal Council, Nandurbar, had served a notice on the plaintiff for the repairs of the wall but as the defendant and other tenant, Chagan Chaudhary, were not vacating the premises which were in their possession as tenant, the plaintiff could not carry out the repairs and he has demanded the possession of the premises on that count also.