PETER DSLIVA Vs. MANAK LAXMAN VAITI

JUDGEMENT

(1.) THIS is a Petition filed by the tenant challenging the decree for possession passed against him on the ground of non-payment of rent.

(2.) FEW facts which are relevant for the purpose of this Petition are that the Respondent-landlord filed suit for possession relating to two rooms situated at Thane which are in possession of the Petitioner as a monthly tenant. The Respondent sent notice of demand on 11th November 1974 as contemplated under Section 12 (2) of the Bombay Rent Act and arrears from 1st May 1974 to 31st October 1974 were claimed. This notice was replied on 26th November 1974 and it was contended that the rent for the month of may was already paid. It appears that thereafter rent for a period of five months i. e. from 31st May 1974 to 31st October 1974, according to the tenant, was sent. Notwithstanding this, the suit was filed against the petitioner on the ground of non-payment of rent and on the ground of nuisance.

(3.) THE Appellate Court dismissed the suit of the plaintiff on both the grounds, however, Appellate Court passed decree for possession on the around of non-payment of rent holding that Section 12 (3) (b) applies and the petitioner has failed to comply with the requirement of Section 12 (3) (b ).