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 arc 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 on 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 judgment and order the respondent-tenant filed Civil Appeal No. 551 of 1979. The leaned extra Assistant Judge, Pune, accepted the oral testimony of the respondent tenant and recorded a finding that the petitioner failed to establish that tenant was in arrears from 1st January, 1973. He further recorded that nothing was due and payable by the tenant, and hence no cause of action for filing a suit for non-payment of rent. He held that the suit premises was let out to one mulay and Mulay was running a sweet meat shopin the premises and therefore in all probability he used to prepare sweet meat in the shop for which he needed the Bhutti or furnances and since only Bhatti is repaired that will not amount to permanent construction. He also recorded a finding that removal of old wooden door frames and shutters and ventilators will not entitle the landlord to get the possession. In view of this he allowed the appeal and dismissed the suit of the plaintiff.