PANDURANG NARAYAN DESHMUKH Vs. ANJIRABAI PARVATI GUJAR

JUDGEMENT

(1.) THIS is a petition filed under Article 227 of the Constitution which seeks to challenge the judgment and decree passed by the learned Asstt. Judge, Satara on 5th July, 1982 in Regular Civil Appeal No. 196 of 1980, on the ground of non-payment of rent.

(2.) BEFORE touching the various points urged, it would be quite necessary to refer to few facts which are undisputed. The petitioner was tenant of shop premises situated at Satara admeasuring about 4 khans and initially rent was Rs. 15/- per month. In the year 1952 rent was increased to Rs. 20/- per month. Regular Civil Suit No. 57 of 1959 was filed by the respondent-landlord against petitioner for his eviction. The said suit ended in a compromise and the petitioner agreed to surrender two khans of the shop premises and retained the remaining two khans of the shop premises agreeing to pay Rs. 20/- per month. On 6th September, 1971 notice of demand was issued to the petitioner-tenant and arrears were claimed from 1st May, 1971. Thereafter, Regular Civil Suit No. 331 of 1971 was filed on 6th October, 1971. However, this suit was withdrawn on 2nd July, 1973 with permission to file fresh suit. The petitioner-tenant on 1st September, 1973 filed Misc. Application No. 41 of 1973 under section 11 (1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. On 4th April, 1974, notice of demand as contemplated under section 12 (2) of the Rent Act was given and arrears were claimed from 1st May, 1971 to 30th April, 1974. On 4th July, 1974, an application was filed by the tenant in Misc. Application No. 41 of 1973 for fixation of an interim rent. On 2nd September, 1974 the Court passed the following order:

(3.) THEREAFTER, on 2nd September, 1974, Regular Civil Suit No. 313 of 1974 was filed for possession on the ground of non-payment of rent and on the ground of bona fide requirements. On 11th September, 1974 tenant deposited Rs. 410/-, on 14th October, 1974 tenant deposited Rs. 10/-, and on 13th December, 1974 tenant deposited Rs. 20/ -. On 6th February, 1975 issues were framed. The tenant made following payments subsequently: (1) On 6th December, 1976- Rs. 55/-, (2) On 10th June, 1976- Rs. 209/-, (3) On 4th April , 1977-Rs. 44/- , (4) on 24th July, 1978-Rs. 187/- (5) on 5th February, 1979-Rs. 88/- (6) on 8th November, 1979-Rs. 55/-, (7) on 16th July, 1979-Rs. 55 and (8) On 24th June, 1980-Rs. 50/ -. Thus, including the earlier deposits made by the tenant, in all he deposited a sum of Rs. 1181/.