KISHANDAS GULABCHAND KATARIA Vs. RUKMINI KISAN

JUDGEMENT

(1.) THIS is a petition filed by the landlord under Article 227 of the Constitution whereby he has challenged the dismissal of his suit by the learned II Extra Assistant Judge, Pune, dated 25th August, 1981 in Civil Appeal No. 551 of 1979.

(2.) FEW facts which are relevant for the purpose of this petition are as follows :- The petitioner filed Civil Suit No. 51 of 1975 in the Court of Civil Judge, Junior Division, Daund, for possession on the ground of arrears of rent or non-payment of rent, secondly on the ground of sub-letting and thirdly on the ground of carrying on permanent construction of Bhatti (oven) in the suit premises and replacing the door and ventilator by fixing at its place a rolling shutter. The learned Judge delivered his judgment and order an 31st August, 1979 and decreed the suit for non-payment of rent and on the ground of permanent construction.

(3.) BEING aggrieved and dissatisfied by the aforesaid order the petitioner filed this writ petition under Article 227 of the Constitution. Shri Apte learned counsel appearing for the petitioner pointed out to me that the reasoning given by the Appeal Court for accepting the testimony of the tenant is totally incorrect. In fact the petitioner-landlord's oral testimony ought to have been accepted and there was no reason to interfere with the finding recorded by the Trial Court. He also pointed out that construction of Bhatti and removal of old wooden door frame and shutter and ventilator was done without the consent of the landlord and fixation of the new rolling shutters was also without the consent of the landlord and thus the decree ought to have been passed on the ground of permanent construction. In any event Shri Apte pointed out that the case is covered by Section 12(3)(a) because after the receipt of the notice within one month the tenant neither filed any application for standard rent nor tendered rent as demanded and this the Appellate Court ought to have passed decree for possession for non-payment of rent by holding that the case is covered by Section 12(3)(a).