CHHAGANLAL MULCHAND JAIN Vs. NARAYAN JAGANNATH BANGH

JUDGEMENT

(1.) <DJG>Gadgil, J.</DJG> This petition was referred to the Division Bench by Masodkar J., by his order dated September 21, 1982.

(2.) The matter pertains to the eviction proceedings taken out by the landlord (hereinafter referred to as "the Plaintiff") against the tenant Chhaganlal Mulchand Jain (hereinafter referred to as "the defendant") under the provisions of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as "the Rent Act"). The pre- mises in question consist of two rooms and an adjoining tin-shed in a house bearing CTS No. 1276/B in Lane No. 3, at Dhulia. The house is owned by the plaintiff and no August 6, 1967, the defendant took the premises on a monthly rent of Rs. 35. The defendant fell in arrears from December 1, 1969, and hence the plaintiff gave a notice dated April 15, 1972, calling upon the defendant to deliver possession and asking him to pay all the arrears. The defendant did not give any reply. However, he sent Rs. 525 by money order to the plaintiff. Then filed Regular Civil Suit No. 237 of 1972 in the Court of the Civil Judge, Senior Division, Dhulia, for possession and claiming arrears.

(3.) The suit was resisted by the defendant. He raised a contention that the standard rent of the premises was less than the rent of Rs. 35 per month In addition, he also alleged that he was ready and willing to pay the rent and that there was no cause for the plaintiff to claim possesion.