NIVRUTTI NANA WAGHMARE Vs. NARAYAN MAHADEO MOKAL

JUDGEMENT

(1.) The petitioner before this Court was admittedly a tenant in respect of the suit premises which consist of a single room tenement, being room No. 12, Chawl No. 42, situate at Kol Dongri, Andheri, Bombay. The Chawl belongs to the present respondent No. 1, who will be referred to hereinafter as 'the respondent',

(2.) By a notice dated 15-10-1969 the respondent terminated the petitioner's tenancy and demanded the arrears of rent due from the petitioner. However, it is clear that even before this notice, an application was filed by the petitioner, along with the other tenants of the chawl, for fixation of standard rent in respect of the various tenements in the chawl including the suit premises. In those proceedings for fixation of standard rent, the Court also passed an order fixing interim rent with effect from 1-5-1969 at the rate of RUpees 8-00 P. M.

(3.) Later on, on 1st February, 1971, the respondent gave another notice to the petitioner. In the notice the fact that the tenancy was terminated previously by his notice dated 15th Oct. 1969 was referred to. Likewise the fact that the Court had fixed interim rent with effect from 1-5-1969 was also referred to. By that notice dated 1st Feb., 1971, the respondent alleged that the petitioner had unlawfully sublet the suit premises to another person and that he was not staying in the suit premises. Statement was made in the said notice that the respondent would file a suit for ejectment against the petitioner in those circumstances.