PUNE ART INDUSTRIES Vs. NARAYAN KASHINATH DATE

JUDGEMENT

(1.) THIS petition is filed by a petitioner - tenant challenging a decree for possession passeed against him on the ground of erecting permanant construction and on the ground of non payment of rent.

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

(3.) THE premises in dispute consist of one big room admeasuring 20 x 15 feet forming part of City Survey No. 136 and bearing plot No. 34/11/2 in the industrial Zone at Pune. The petitioner was inducted as a tenant for running a lathe machine workshop in the premises. The premises were let to the petitioner sometime in the year 1972. The agreed rent was Rs. 175/- per month and according to the landlord the education cess and other taxes were to the tune of Rs. 59. 50 per month. Respondent - landlord sent a letter on 6th of July, 1977 informing the petitioner - tenant that he wants to occupy the premises himself and the tenant is in arrears of rent from 1st of December, 1976. There was not a whisper about any permanent construction carried out by the petitioner without the consent of the landlord. After receipt of the said letter, the petitioner filed an application at Exhibit-4 for fixation of standard rent on 13th July, 1977. In that application, he prayed that the interim rent should be fixed and a direction should be issued for depositing the amount. Accordingly, on 21st of July, 1977 the Court passed the following order: