LOTAN TRYAMBAK KHAIRNAR Vs. NARAYAN HARI SHINDE

JUDGEMENT

(1.) Heard learned Counsel for the petitioner. Though served, none appears for the respondents. The respondents herein are original plaintiffs. The case of the respondent before the Court below was that the defendant i.e. the petitioner herein is tenant in respect of suit premises at Rs. 9.45 ps. p.m. Original defendant i.e. the petitioner herein was in arrears of rent since 30.04.1978. Hence, on 01.01.1980, the plaintiff given notice to the defendant terminating tenancy w.e.f. 31.01.1980. By the said notice the plaintiff demanded payment of Rs. 189/- towards arrears of rent and notice charges of Rs.18.50 ps., in all Rs.207.50 ps.. The defendant failed to comply with notice. Hence, the plaintiff filed suit for ejectment.

(2.) The petitioner herein/original defendant filed written statement at Exh.12. It was stated in the said written statement that defendant paid Rs. 207.50 ps. to the plaintiffs in compliance of notice dated 01.01.1980. However, the plaintiffs adjusted this amount towards other sums due to the plaintiffs from the defendant. He has denied that he is in arrears of rent and has prayed for dismissal of the suit.

(3.) The Trial Court framed necessary issues for determination of the suit. The first issue was framed - Whether defendant proves that he has paid rent regularly to the plaintiff but the plaintiff has not issued receipts Said issued was answered in negative.