SHEVANTIBAI DATTATRAYA MANE Vs. VASANT GOPAL DESHMUKH

JUDGEMENT

(1.) THIS is an application by the petitioners, who had filed a suit against the respondent-tenants for possession of the suit premises on certain grounds. The respondent-tenants are full brothers. According to the petitioners, the respondents had taken the suit premises on rental basis and agreed to pay rent of Rs. 30/- per month. The tenants have paid the rent till the end of November, 1963 and remained in arrears for the period from December, 1963 to the end of January 1965. The petitioners by a quit notice determined the tenancy and filed a suit on 11-3-1965 claiming the possession, inter alia, on the ground that the tenants had remained in arrears for more than six months, despite the notice of demand served on them under Section 12 (2) of the Rent Act.

(2.) DEFENDANT No. 1 filed his written statement only to point out that he has separated from defendant No. 2 long ago to the knowledge of the petitioners. He has no interst in the suit premises and the petitioners had unnecessarily impleaded him. Defendant No. 2 by his written statement raised several contentions. According to him he had, in fact, paid the rent and the landlords had not passed the receipts. He also contended that the agreed rent of Rs. 30/- per month was excessive and that the Court should fix the standard rent at Rs. 7/- per month.

(3.) DURING the pendency of the suit defendant No. 2 deposited a sum of Rs. 500/- on 17-12-1965 and a further sum of Rs. 380/- on 8-2-1966 towards the arrears of the rent claimed by the plaintiffs. It must be noted that defendant No. 2 did not pay or tender in court the arrears of rent either on the first day of hearing or on any other date got fixed by the Court for making the payment. The learned trial Judge framed the relevant issues. Parties adduced evidence in support of their rival contentions. The learned trial Judge decided against the plaintiffs in respect of the several other grounds of ejectment urged by them. However, the issue about the standard rent was decided in favour of the plaintiffs. After consideration of the evidence the learned trial Judge came to the conclusion that the agreed rent of Rs. 30/- per month was the standard rent. According to the learned Judge the defendant had failed to establish his plea of satisfaction. When the defendant claimed relief against forfeiture the learned Judge rejected the same on the ground that the case is governed by Section 12 (3) (a) of the Bombay Rent Act. As defendant had not made an application within a period of one month under Section 11 (3) of the Rent Act, he cannot get any protection against forfeiture of his tenancy. Accordingly the learned Judge decreed the claim for possession and arrears of rent at the rate of Rs. 30/- per month.