LAXMI VITHOBA SHINDE Vs. KAMALESH CHANDRASENRAO PANSARE

JUDGEMENT

(1.) THIS petition is tiled by a vegetable vender is in occuption of a wooden stall of her husband, Vithoba Shinde, who was admittedly the tenant of this stall.

(2.) THE few facts which are relevant for the purpose of this petition are, the respondents filed R. A. E. Suit No 6120 of 1969 in the Court of Small causes at Bombay for possession of the suit premises on the ground of nonpayment of rent. Before filing the suit, on 2-1-1969 a notice of demand was issued calling upon the tenant to send the rent and the arrears which were due and payable from 1-6-1964 to 31-12-1968, amounting to Rs. 1228. 10 P. S This notice was sent by registered post which was returned with remark as unclaimed, and secondly it was also sent under certificate of posting. The rent demanded was at the rate of rs. 22. 46 ps. per month. It appears that prior to filing of the suit Advocate shahane set notice on 7th October, 1965 and demanded monthly rent at the rate of Rs. 7. 64 ps.

(3.) THIS suit was contested by the present petitioner. Her contention was that since she had nut received the notice, no decree can be passed against her. Neither the registered notice was received by her nor the notice which was sent under certificate of posting was received by her, and this she denied by filing her written statement and also when she led evidence on oath she denied receipt of the notice.