KISHAN NARAYAN PANDIT Vs. TUKARAM SHANKAR KALEBARE

JUDGEMENT

(1.) THIS is a petition filed by the tenant under article 227 of the Constitution of India challenging the decree for possession passed by the District Judge, Satara on 31st March, 1982, in Regular Civil Suit no. 259 of 1980 on the ground of non-payment of rent.

(2.) FEW facts which are relevant for the purpose of this petition are that the deceased petitioner was admittedly the tenant of House No. 162, old house No. 170 situated at Ravivar Peth and respondent was the landlord. The notice of demand was sent by registered post A. D and on 16th August 1975 the said notice was refused by the tenant. As the possession was not delivered as per the notice on 2nd January, 1976 the respondent filed suit for possession on several grounds, one of the grounds being non-payment of rent. The arrears claimed in the said notice were from 29th February 1975 to 28th july, 1975.

(3.) THE defendant denied the suit of the plaintiff. The fact regarding receipt of notice was not denied by the tenant. The tenant on the other hand contended that he was required to pay the municipal tax and therefore he was entitled to deduct the amount paid towards the municipal taxes. It was then contended that if the amount of municipal taxes was taken into consideration along with the amount that was sent to the landlord, then it cannot be held that the tenant is a defaulter.