ABDULLASHA IBRAHIM MOMIN Vs. SHANKARSA DHONDUSE KSHATRIYA

JUDGEMENT

(1.) THIS writ petition filed under Article 227 of the Constitution of India is directed against the judgment and order dated 20th September, 1993 passed by the Vth Addl. District Judge, Nasik, allowing the appeal filed by the respondent (original tenant) and thereby dismissing the suit for eviction filed by the petitioner.

(2.) THE petitioner is the landlord and owner of the suit property bearing CTS No.722,situated at Yeola, Dist. Nasik. The respondent is a tenant, occupying a portion of the petitioners property (hereinafter referred to as "the suit property") on the monthly rent of Rs.15/. According to the petitioner the respondent was in arrears of rent from 1st November, 1975. The petitioner issued a notice on 27th of July, 1978, demanding arrears of rent from the respondent, who failed to make payment. The petitioner issued another notice dated 8th July, 1980, demanding arrears of rent from 1st November, 1975. As the respondent failed to comply with the notices, the petitioner filed the suit (R.C.S.No.110 of 1981) in the court of Civil Judge, Junior Division, Nasik for eviction on the ground of arrears of rent. After considering the oral and documentary evidence adduced by the parties, the trial court came to be conclusion that the respondent had not paid the rent from 1st November, 1975. It also held that the receipt of the notice was duly proved. The trial court, therefore, passed a decree for possession in favour of the petitioner-landlord.

(3.) FOR these reasons, the writ petition is allowed and the impugned judgment and order is set aside and the judgment and decree passed by the trial court is restored.