RAMESH MAVJIBHAI PADIYAR Vs. KALLAPPA RAGHU PATIL

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 14th October, 1991 passed by the Additional District Judge, Sangli in Regular Civil Appeal No. 268 of 1983 dismissing the appeal with costs.

(2.) THE respondent was the landlord in respect of the suit premises. The petitioner was the tenant. Respondent filed a suit against the tenant for eviction on various grounds. Ultimately decree was passed against the petitioner for eviction on the ground of non-payment of arrears of rent and obtaining a suitable alternative premises. The petitioner then filed an appeal being Regular Civil Appeal No. 268 of 1983 against the decree for eviction. That appeal was dismissed by the impugned order as stated above. It was urged by Mr. Warke that the notice under Section 12(2) of the Rent Act was defective inasmuch as there was no termination of tenancy of the petitioner by that notice. Notice under Section 12(2) is a quite different thing from a notice of termination of tenancy which would be under the provision of Section 106 of the Transfer of Property Act. There is therefore no substance in the contention that because there is no termination of tenancy in the notice in question that notice would become invalid as a notice under Section 12(2) of the Rent Act.

(3.) MR . Warke had no other arguments to make. Hence, there is no substance in this writ petition and the same is summarily dismissed. By consent however, on petitioner filing within eight days an undertaking to this Court that he would deliver vacant and peaceful possession of the suit premises to the petitioner on or before the expiry of the six months from today and making a statement on affidavit that he is in possession of the premises and that he has not parted with the possession of the premises to anyone else, time of six months is granted to the petitioner for vacating the suit premises. In case the statement and the undertaking are not filed within eight days from today, the respondent will be at liberty to execute the decree forthwith. Certified copy to be furnished expeditiously. Petition dismissed.