SANJIVANI ASHOK CHAVAN Vs. JAYANT ANANT BELSARE

JUDGEMENT

(1.) Rule, returnable forthwith. Respondents waive service. By consent taken up for hearing and final disposal.

(2.) In a suit for eviction instituted on the ground of a default in the payment of rent, the Additional district Judge, Kalyan by the impugned order dated 21st June 2003 allowed an appeal against the judgment of the Trial Court, decreeing the suit. The Additional District Judge has come to the conclusion that the judgment and decree of the trial Court has to be set aside and that the suit must accordingly stand dismissed. The landlord is in appeal against the judgment of the appellate court.

(3.) The suit for eviction in the present case was instituted in respect of Commercial property bearing House No. 54, also known as "yashwant building" situated at Lane No. 36 at Kalyan. The respondent is a tenant occupying one shop in the suit premises wherein he carries on the business of dealing in automobile spare parts. The agreement of tenancy was entered into between the parties on 20th September 1975. According to the landlord, the Respondent-tenant stopped paying the monthly rent of Rs. 82. 70 upon which a notice of termination came to be issued on 10th December 1982 claiming that the Respondent was in arrears of rent for the period from May to November 1982. The suit was decreed by the Joint Civil Judge, Junior Division, kalyan on 25th August 1986. Against the order of the Trial Judge, an appeal came to be preferred before the Additional District Judge which was also dismissed on 15th June 1989. A writ Petition was then filed before this Court by the tenant in which on 20th November 2002 an order of remand was passed by S. A. Bobde, J. In pursuance of that order, the additional District Judge heard the parties afresh upon which the appeal was allowed by the impugned order dated 21st June 2003.