PRABHAKAR KRISHANARAO NEROY Vs. JANKIBAI PARSHUTAM PARTE

JUDGEMENT

(1.) THIS is the tenant's petition under Article 227 of the Constitution of India. The respondent landlady filed a suit as against the petitioner on the ground that the petitioner was in arrears of rent for more than six months and sought a decree under Section 123(3)(a) of the Bombay Rent Act, 1947. The trial Court as also the Appeal Court held in favour of the respondent. Hence this petition.

(2.) THERE is an agreement dated 15.10.1966 between the petitioner (defendant) and the deceased husband of the landlady (respondent). Under the said agreement, the defendant had given a construction loan of Rs. 2,500/-. Under the agreement, it was agreed that the defendant shall pay Rs. 25/- per month less to the landlord as the said loan was to be adjusted from the rent month to month. The agreement also says that the amount was to be repaid or adjusted within a period of ten years from the date of tenancy. The agreement also provides for payment of interest at the rate of 4 per cent per annum. The tenancy commenced with effect from 1.1.1967. The rent was Rs. 50/- per month.

(3.) SINCE the defendant did not pay the rent thereafter and was in arrears of rent for more than six months a notice dated 17.1.1977 was sent on behalf of the landlady to the defendant calling upon him to pay the rent from 1.7.1976 till the end of December, 1976 at the rate of Rs. 50/- per month. When the defendant received the said notice, he sent a reply dated 31.1.1977. He also sent a sum of Rs. 221/-, which amount was accepted by the respondent. While sending the amount, defendant calculated the amount due and payable by him as follows :-