RAMAVTAR RAMASAHAYA KHATOD Vs. BABAN GURUNATH PATHARI

JUDGEMENT

(1.) BY this petition, the petitioner-tenant challenges the judgment and order dated 19th August, 1991 by which the VIIth Additional District Judge, Thane allowed an appeal of the landlord and passed a decree for possession.

(2.) THE respondent is an owner and landlord of the property bearing House No. 33 Telipada, Bhivandi, district Thane. The petitioner is a tenant of the respondent occupying commercial premises bearing gala nos. 1 and 2 (hereinafter referred to as the suit premises situated in the said house. At the time of letting the suit premises required extensive repairs and it was agreed that the petitioner would carry out the repairs and the amount spent would be recovered by the petitioner by deducting Rs. 75/- p. m. from the rent. A written agreement to that effect was executed between the parties in October, 1973. According to the respondent, the petitioner was in arrears and had not paid the rent from 1st December, 1977 till 31st august, 1978. Therefore by a notice dated 13th september, 1978 the respondent terminated the tenancy of the petitioner and also called upon the petitioner to pay the arrears of rent within 10 days of the receipt of the notice. As the arrears were not paid the respondent filed a suit for possession on the ground of default as well as reasonable and Bonafide requirement.

(3.) THE petitioner resisted the suit. He contended that he had not received the notice of demand dated 13th September, 1978. He further contended that apart from the amounts spent by him for repairs, he had also paid the municipal taxes of the property and had also advanced a sum of Rs. 5000/- to the respondent which he was entitled to adjust against the rent payable. If the adjustment was done, the petitioner was not in arrears of rent. On the other hand, there was excess payment to the respondent. He emphatically denied the, receipt of the notice and stated that since no notice of demand was served, no decree for eviction could be passed on the ground of non payment of rent. He it also resisted the claim of the respondent for possession on the ground of bonafide requirement.