SHANTANU BABURAO PALASKHEDKAR Vs. VINAYAK MAHADEO SAINKAR

JUDGEMENT

(1.) THIS writ petition, under Article 227 of the Constitution of India, takes exception to the order passed by the 5th Additional District Judge, Pune dated August 8, 1989 in Civil Appeal No. 201 of 1986.

(2.) THE petitioner is a tenant in respect of the suit premises bearing House No. 497, Ravivar Peth, Pune 411 011, which was originally owned by Vinayak Mahadeo Sainkar, predecessor of the present respondent. The original respondent had filed a suit for recovery of possession of the suit premises against the petitioner on the ground of default within the meaning of section 12 of the Bombay Rent Act; as well as for the petitioner having committed acts contrary to the provisions of Clause (o) of section 108 of Transfer of Property Act, 1882; unlawfull subletting the suit premises within the meaning of section 13 (1) (e) of the Rent Act; and not using the suit premises without reasonable cause for the purpose for which they were let for continuous period of 6 months immediately preceding the date of the suit within the meaning of section 13 (1) (k) of the Act.

(3.) THE trial Court after considering the rival stand was pleased to dismiss the suit on all the counts. The original respondent took the matter in appeal before the District Court being Civil Appeal No. 201 of 1986. It appears that only three grounds were pressed before the Appellate Court, namely, default, non-user and having committed breach of condition. The Appellate Court decreed the suit on the ground covered under section 13 (1) (a) of Bombay Rent Act. The Appellate Court further held that the petitioner tenant did not use the suit premises for the purpose for which it was let out to him continuously for a period of 6 months preceding the institution of the suit without any reasonable cause. In other words, the Appellate Court negatived the ground of default but allowed the appeal on other two counts referred to above. It is this judgment which is subject matter of challenge in the present writ petition. Although respondent has been served none appeared.