GAJANAN TUKARAM MOHITE Vs. BAPU GOPAL SHELAR

JUDGEMENT

(1.) THE brief facts of this case are that the Appellant was the monthly tenant in an oral tenancy agreement with the original Plaintiff Bapu Gopal Shelar. The said original Plaintiff, since deceased, is now represented by his legal heirs. The Appellant herein was the monthly tenant in Room No. 4 in Grampanchayat House No. 233 in Ward No. 4 at Vangani, Taluka Ulhasnagar, District Thane. The Appellant was paying an amount of Rs. 30/ - as and by way of monthly rent to the landlord Bapu Gopal Shelar.

(2.) IT appears that the Appellant was in arrears of rent from May, 1980 till October, 1980. Therefore, the landlord Bapu Shelar had issued a notice to the Appellant through his Advocate dated 18th August, 1980 and terminated the tenancy of the Appellant. Both the learned Counsel conceded that the provisions of Bombay Rent Act will not be applicable to the premises as the same was situated at Vangani, where the said Act does not apply.

(3.) IT appears that the said notice was received by the Appellant on 22nd August, 1980. The appellant did not vacate the suit tenement and therefore the original Plaintiff Bapu Shelar had filed Regular Civil Suit No. 254 of 1980 before the Court of Civil Judge, Junior Division, Ulhasnagar, District Thane. Before the Civil Court both the parties led their evidence and various issues were framed by the Civil Court. Finally, by the judgment and order dated 28th January, 1983 suit was decreed in favour of the Plaintiff Bapu Shelar, and the Defendant (Appellant herein) was directed to hand over vacant possession of the suit premises to the Plaintiff (Respondent herein) on or before 25th February, 1983 and was also directed to pay a sum of Rs. 228/ - to the Plaintiff towards the arrears of rent and the notice charges.