GANI MANULAL ATAR Vs. MATHURBHAI

JUDGEMENT

(1.) THIS is a petition filed by the tenant challen ging the decree for possession passed against him on the ground of non payment of rent by the Courts below.

(2.) FEW facts which are relevant for the purpose of decision in this case are as follows : respondent-landlord filed Regular Civil Suit No. 108 of 1975 in the court of the Civil Judge, Junior Division, Pandharpur, for possession on the ground of non-payment of rent, as also on the ground of change of user the respondent-landlord relied upon the notice of demand dated 13th January, 1975 wherein he demanded rent of Rs 56 65 ps. The agreed rent was Rs. l25 per annum but payable by month at the rate of Rs, 10. 41 ps Though the notice was received on 14th January, 1975 no reply was sent, however on 12th february, 1975 a sum of Rs 300 was sent. Since the entire amount was 12th the respondent-landlord treated the petitioner as a defaulter and filed Regular suit No. 108 of 1975 on 4th April, 1975.

(3.) THE learned Trial Judge held that the defendant is a monthly tenant and he failed to pay the rent within one month after the receipt of notice and thus he is not ready and willing to pay the standard rent and passed a decree for possession. However, he negatived the contention of the respondent-land lord regarding the change of user.