EKNATH PRABHU NAIDU Vs. BIRU RAM NARAYAN

JUDGEMENT

(1.) THIS is a petition filed by the landlord challenging the dismissal of the suit for possession.

(2.) FEW facts which are relevant for the purpose of this petition are that deceased Eknath Prabhu Naidu was the landlord of the suit premises of which the respondent was the tenant. On 6th January, 1976 petitioner served notice of demand and the tenancy of the respondent was terminated by the landlord. It was a composite notice both of termination as well as notice of demand. The arrears claimed were at the rate of Rs. 12/- per month from Ist February, 1974. The possession was also claimed on the ground of bonafide requirements. The notice was received on 9th January, 1976. Thereafter since the possession was not delivered the suit was filed for possession before the IInd Additional Judge, Small Cause, Court Pune, being civil suit No. 368 of 1978. It appears that prior to the filing of the suit respondent tenant also filed Misc. Application No. 709 of 1975 under section 11(1) of the Bombay Rent Act for fixation of standard rent. The Trial Court on the question of bonafide requirement recorded a finding against the petitioner. However, the decree was passed on the ground of non-payment of rent by holding that the tenant has not made regular payments.

(3.) BEING aggrieved and dissatisfied by the aforesaid order the petitioner- landlord filed this petition under Article 227 of the Constitution of India.