ANANT PURUSHOTTAM ATHAVLE Vs. DAMODAR DATTATRAYA BEDEKAR

JUDGEMENT

(1.) This petition which arises out of one of the usual suits between landlord and tenant for possession on the ground of arrears of rent has come before this Division Bench on a reference made by a learned single Judge. We have found extreme difficulty in ascertaining as to why this petition has been referred to a Division Bench and unfortunately neither of the two Counsel appearing for the parties in this petition is able to enlighten us as to the point which, according to the learned single Judge, was required to be decided authoritatively by a Division Bench. It will not be out of place to observe that when a matter comes before a Division Bench on a reference by a single Judge, it will help the Division Bench to concentrate its attention on any particular aspect of the case if it knows as to what weighed with the learned single Judge in referring the matter if a short referring order is made. However, we have proceeded to hear the parties and we proceed to dispose of the petition.

(2.) The petitioner is admittedly a landlord of premises which are let out to respondent No. 1 who is a tenant and the petitioner had acquired these premises as a result of a family partition dated 18th November, 1964, following his father's death. The petitioner served a notice on 23rd September, 1968, calling upon the tenant to deliver possession on the ground that he was in arrears of rent for more than six months, that the defendant's customers were causing a nuisance to the plaintiff and further that the plaintiff requires the suit premises reasonably and bona fide for his own occupation for his residence and business. The arrears claimed by the plaintiff were for the period 1st May, 1964 to 22nd September, 1968 at the monthly rent of Rs. 36/-, the premises having been leased out for running a hotel by the tenant. The notice was received by the tenant on 29th September, 1968, and within one month thereafter he filed an application for determination of standard rent on 18th October, 1968. The petitioner then filed a suit for eviction on 8th January, 1969. His standard rent application and the suit have been decided by a common judgment.

(3.) It has to be pointed out at this stage that in the proceedings for determination of standard rent, the Small Cause Court, Poona, passed the following order:-- "Interim rent is fixed at Rs. 24/- per month. The applicant to deposit arrears of rent at this rate within one month and go on paying each month's rent on or before 10th of each month as it becomes due. Notice of this be served on opponent." It appears from the order that this was an ex parte order, but that does not now become relevant.