RAMDAS VITHAL CHAUHAN Vs. PUSHPAVATI MANSUKHLAL SHAH

JUDGEMENT

(1.) THIS petition by the tenant arises from the judgment and decree of eviction passed by the Civil Judge, Junior Division, Vasai on 25th August, 1982 and confirmed by the Assistant Judge, Thane on 21st November, 1984. The Regular Civil Suit No. 195 of 1979 was filed by the respondent landlady against the petitioner tenant for possession of the suit premises consisting of 3 rooms located in the house bearing No. 75 situated at Municipal Ward No. 17 at Vasai. The said premises was let out to the petitioner on monthly rent of Rs. 13/- exclusive of permitted increases. BACKGROUND FACTS

(2.) ON 17th October, 1978, the respondent landlady issued notice (Exhibit A, page 19) calling upon the petitioner tenant to pay permitted increases at the rate of 1. 30 per month for the past 7 years within a period of 30 days from the date of receipt of notice. The said notice was replied by the petitioner tenant vide his reply dated 30th October, 1978 through his Advocate, wherein he admitted the possession of the suit premises as a tenant on monthly rent of Rs. 13/- but contended that the said monthly rent was inclusive of Municipal taxes. By this letter the petitioner further called upon the respondent landlady to furnish details with respect to the permitted increases for the previous years. He further called upon the landlady to furnish information with respect to the mode and manner as to how the permitted increases were calculated and claimed and how the said amount was sub-divided amongst the existing tenants and how the same were apportioned to the account of the respective tenant, so as to enable him to remit the amount of permitted increases. It appears from the record that the petitioner tenant was satisfied by giving aforesaid reply to the notice of the respondent landlady. However, he did not pursue his contention and demand beyond this reply.

(3.) THE respondent landlady finding non-payment of permitted increases filed the suit for possession of the suit premises and also claimed arrears of permitted increases being Regular Civil Suit No. 195 of 1979, which came to be allotted to the file of Civil Judge, (Junior Division) Vasai.