LAXMAN Vs. DR. VIJAY BHOJRAJ KHACHNE

JUDGEMENT

(1.) Petitioner has challenged the judgment and order dtd. 12/8/2015 passed by the District Judge-2, Bhusawal in Regular Civil Appeal No.89 of 2014 thereby reversing the judgment and decree passed by Jt. Civil Judge Junior Division, Bhusawal dtd. 20/8/2007 in Regular Civil Suit No.162 of 1991. The District Judge has directed petitioner to vacate the suit premises.

(2.) The facts of the case, in nutshell, are as under:

(3.) The trial Court proceeded to dismiss the suit filed by the landlords holding that the tenant deposited the amount of rent from 1. 07.1990 to 30/6/1991 on 4/4/1991 and has thereafter continued to deposit the rent from time to time. The trial Court allowed C.M.A. No.26 of 1991 and fixed standard rent with taxes at Rs.75.00 per month. The judgment and order dtd. 20/8/2007 came to be assailed by the landlords before the District Court by filing Regular Civil Appeal No.89 of 2014. The District Court held that the tenant had given admission that the monthly rent of the property was Rs.75.00 and the rent claimed to have been sent by money order as well as the rent deposited in the trial Court was at the rate of Rs.40.00per month. It was also held that the tenant did not deposit the arrears of rent before first date of hearing and the application for fixation of standard rent was not filed within one month from the date of service of notice. It was also held that the rent was not deposited along with interest at the rate of 9% per annum. Holding that mere deposit of interim standard rent is not sufficient, the District Court reversed the judgment of the trial Court and decreed R.C.S. No.162 of 1991 directing tenant to vacate the suit premises within three months.