VINAYAK MAHADEO NIRGUM Vs. SADANAND SHANTARAM BANDEKAR

JUDGEMENT

(1.) This petition under Article 227 of the Constitution arises out of proceedings for possession of the suit premises under the provisions of the Bombay Rent Act.

(2.) Property of which the suit premises form part, originally belonged to one Mainuddin Ibrahim Harekar. By registered conveyance dated 21st April, 1972 he sold the same to the plaintiff. Subsequently, by assignments dated 5th July, 1972 and 29th July, 1972 respectively, he also assigned to the plaintiff pre-sale or pre-transfer arrears of rent i.e. rent due to him, the original owner, till the date 21st April, 1972 when he sold the property to the plaintiff (hereinafter the pre-transfer arrears of rent). On 18th October, 1972 the plaintiff issued notice to the defendant terminating his tenancy and claiming Rs. 708/- being pre-transfer arrears of rent due to the original owner but later assigned to the plaintiff plus Rs. 60/- being post transfer arrears or rent actually due to the plaintiff himself for the period after his purchase. This notice was duly replied to by the defendant on 11th November, 1972. On December 16, 1972, plaintiff filed the instant suit for recovery of arrears and possession on the ground of the said arrears. Defendant denied and contested the said claim.

(3.) The trial Court held that the plaintiff was not entitled to possession, that the case was governed by section 12(3)(b) of the Rent Act and that the defendant was entitled to relief against eviction as per the decree. In appeal by the plaintiff, it was held that the defendant was in arrears of rent for more than six months, that the case was governed by section 12(3)(a) of the Rent Act and that the plaintiff was entitled to a decree for possession. In the result, the appeal was allowed, the trial Courts decree was set aside and the plaintiffs suit for possession was decreed. Hence this petition.