KISHANCHAND OTTAMLAL ANANDANI Vs. SHANKAR BAPU SAWANT

JUDGEMENT

(1.) BY this petition, the petitioner challenges the judgment and order passed by the Additional District judge, Sangli on 7th March 1991 dismissing Civil appeal No. 257 of 1986 and confirming a decree for possession passed against the petitioner-tenant by the Civil Judge, Junior Divisions Sangli.

(2.) THE petitioner was inducted as a tenant in the suit premises by Shankar Bapu Sanant, the original respondent herein. who has died during the pendency of the suit and is being represented by his legal representatives. Sometime after the petitioner was inducted as a tenants one Subanna Vithal Ramchandra Nalawade disputed the title of the respondent no. 1 and claimed himself to be the owner. He also addressed two notices one dated 7th April, 1981 and another dated 14th July 1984 to the petitioner claiming that he was the owner of the property and the respondent was not the owner. In view of the dispute between the respondent and * subanna Vithal @ Ramchandra Nalawade, the petitioner stopped paying rent to the respondent. Hence) the respondent by a notice terminated the tenancy of the petitioner and demanded arrears of rent. The petitioner did not pay the arrears of rent within one month but filed an application for fixation of standard rent. However, the petitioner did not deposit the arrears in the Court.

(3.) THE respondent filed a suit for possession on the ground of default. The petitioner contested the suit and contended that the respondent was not the owner of the property but the property belonged to subanna Vithal @ Ramchandra Nalawade and therefore he was not liable to pay the rent to the respondent. The trial court decreed the suit holding that the respondent was the owner and the landlord of the suit premises and that despite demand in writing, the petitioner had failed and neglected to pay the arrears of rent within one month and therefore he was a defaulter.