LALMANI RAMNATH TIWARI Vs. BHIMRAO GOVIND PAWAR

JUDGEMENT

(1.) BY this writ petition under Article 227 of Constitution of India, the petitioner seeks to challenge the judgment of the 5th Additional District Judge, Thane, dated 19th November, 1988 in Civil Appeal No. 48 of 1987.

(2.) BRIEFLY stated the petitioner-landlord institued a suit against the respondent-tenant for eviction and possession of the suit premises along with arrears on the ground that the respondent-tenant had committed default and was in arrears for more than 6 months within the meaning of section 12 (3) (a) of the Bombay Rent Act.

(3.) THE short question that arises in the present writ petition is that whether the suit notices Exhibits 40 and 47 dated 6-6-1981 were duly served on the respondent-tenant? This question assumes relevance in view of the mandatory requirement of section 12 of the Bombay Rent Act which postulates that no suit for recovery of possession could be instituted by the landlord against the tenant on the ground of non payment of standard rent or permitted increases due until the expiration of one month next after the notice in writing of the demand of standard rent or permitted increases has been served upon the tenant in the manner provided in section 106 of Transfer of Property Act 1882.