GILLAN F IRANI Vs. PARIJAT HOTELS PVT LTD

JUDGEMENT

(1.) RULE. Rule made returnable forthwith Respondent waives service. By consent, heard both the sides.

(2.) THE Petitioners are the tenants suffered a decree of eviction. They challenge the orders passed by the courts below in Civil Suit no. 198 of 1980 passed by the Small Causes Judge, Pune on 2nd May, i 906 and in the Civil Appeal No. 326 of 1996 passed by the Appellate Court i. e. 3rd Additional District Judge, Pune on 2,4th july, 1998. The Respondents filed the aforesaid suit for eviction of the Petitioners from House No. 3, bearing G. L. R. Survey No. 390/7% situated at Mahatma gandhi Road, Pune. The Respondent landlord sought eviction of the Petitioners on various grounds namely default in payment of arrears of rent, denouncement and disclaimer of title of the landlord, change of user, acquiring alternate and suitable accommodation, requirement of the suit premises reasonably and bona fide for the use and occupation of the landlord etc. The trial court decreed the suit of eviction against the Petitioner on the ground of arrears of rent, dislaimer of title and acquisition of alternate accommodation. The Appellate Court however, found that there is no arrears of rent but confirmed the decree of eviction on the ground of disclaimer of title of the landlord and also acquisition of alternate accommodation the facts necessary for the purpose of this case are as under :

(3.) ONE Mr. Jamshed Phiroz Irani was the original owner and landlord of the suit premises. The respondent landlord purchased the suit property from said jamsheth Irani on 25th September, 1987 by a Registered Sale Deed. One Mrs. Manibai F. Irani was the tenant of the suit premises at a monthly rent of Rs. 220/-per month. It was month to month tenancy commencing from 1st day of every month. The aforesaid Mrs. Mambai died and the Petitioners as her sons became tenants of the suit premises under the provisions of the Bombay Rent Act on the same rent and conditions. After the purchase of the suit property by the respondents, the petitioners became tenant under the respondents from 25th September, 1987. According to respondents as per Sale Deed, they are even entitled to recover the arrears of rent due as on that date. The previous landlord Mr Jamshed Irani had attormed the transfer to the defendant petitioners. The defendant has not paid rent since 1. 6. 1981. Even before the transfer, earlier landlord had given notice demanding arrears of rent but they have not paid. After the transfer in favour of the respondents, they also demanded the rent.