MOHAN SITARAM KHANOLKAR Vs. DANIL JOSEPH D SOUZA

JUDGEMENT

(1.) THIS is a Landlord's Petition challenging the order of the Appellate Court dismissing his suit and refusing decree of eviction against the Respondent-tenant. The present Order will govern 30 Writ petitions inasmuch as the question involved in all these Petitions are identical and common evidence was recorded in R. A. E. and R. Suit No. 6056 of 1971 in the Court of Small Causes at Bombay after consolidation of all the suits. The impugned orders of the trial Court as well as of the Appellate court are also passed as common judgments in all these 29 matters.

(2.) BRIEFLY stated, the Petitioner is the owner of a chawl known as 'sarita Niwas' at Chunabhatti, Kuda. The Respondents in all these Petitions are the tenants of the Petitioner occupying their respective rooms separately. According to the Petitioner-Landlord each of the Respondent was paying Rs. 10/- per month as rent to the Landlord. The Petitioner had served a notice for recovery of arrears of rent and for eviction on the ground of default. Subsequently, the suit for eviction and recovery of arrears came to be filed against all the thirty tenants.

(3.) THE defence raised by all the Defendants-tenants was that the Petitioner-Landlord is not the owner of the premises, that the Defendants have themselves constructed their rooms on the open plot pointed out by the petitioner, that they were not paying any rent to the Petitioner but were only paying Rs. 10/- per month as contribution towards the expenses of securing water supply connection. On this basis they submitted that the Petitioner is not entitled to recover the arrears or for decree of eviction.