KANTI BHATTACHARYA Vs. K S PARMESHWARAN

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution of India which seeks to challenge the judgment and decree passed against the petitioners on the ground of non-payment of rent under the provisions of the Bombay Rent Act.

(2.) FEW facts which are relevant for the purpose of this petition are as follows:

(3.) ONE K. K. Bhattacharya the father of the present petitioners and the husband of original defendant - Smt. Usha Rani Devi, was admittedly the tenant of Block No. 1, Bhaskar Bhuvan, Plot No. 222, Sir Bhalchandra Road, Matunga, Bombay 19. Respondents Nos. 1 and 2 are the landlords. K. K. Bhattacharya died on 21st December, 1966, leaving behind his wife Usha Rani Devi and the present petitioners and one deceased Geeta. It appears that at the time of the death of K. K. Bhattacharya all the petitioners including deceased Usha Rani Devi was residing in the suit house as the members of his family. It is not in dispute that the rent was paid by Usha Rani Devi and on some occasions by petitioner No. 3. It is also not in dispute that the rent receipts which was issued in the name of K. K. Bhattacharya was not transferred in the name of any of the members of the tenants family but continued to be in the name of deceased K. K. Bhattacharya.