HARI DHONDU GURAV Vs. JHONNEY AUGUSTINE GOMES

JUDGEMENT

(1.) This writ petition is directed against the judgment and order dated 15th September, 1999 passed by an Appellate Bench of the Small Causes Court, Mumbai, dismissing the appeal of the petitioner, and thereby confirming the decree for eviction passed by the trial Court against the petitioner.

(2.) Respondent is an owner and landlord of the property known as "Clement D'Souza Chawl" situate at Karol Village, Vidya Vihar, Mumbai-86. The petitioner was a monthly tenant occupying one room bearing No. 2 (for short "the suit premises") situate at the said chawl. As the petitioner was in arrears of rent, by a notice of demand dated 21st January, 1983, the respondent called upon by the petitioner to pay all arrears of rent and also to hand over the possession of the suit premises. The notice was followed by a suit for eviction which was filed on 5th of July, 1983. The trial Court after considering evidence produced on record found that the petitioner was in arrears of rent from 1 st June, 1981 and had failed to pay the same despite the service of notice on him. Consequently, the trial Court passed a decree for possession. On Appeal, the Appellate Bench confirmed the decision of the trial Court.

(3.) Before the trial Court, the petitioner had contended that the suit building was declared as a "slum area" and therefore, the Court had no jurisdiction to entertain and try the suit. The very contention was raised before the Appellate Bench of the Small Causes Court. The trial Court held that though the suit structure was situated in the slum area its jurisdiction to try the suit was not ousted. On appeal, the Appellate Court also confirmed the said decision and held that the suit was maintainable. Aggrieved by the said decision, the petitioner is before this Court.