SAKHUBAI BABURAO KADAM Vs. SUDHAKAR SAMBHAJI KADAM

JUDGEMENT

(1.) This Petition is filed challenging the judgment and decree dtd. 20/1/1996 passed by the 9th Additional District Judge, Pune allowing Civil Appeal No.550/1992 and setting aside the decree dtd. 1/10/1992 passed by the Third Additional Judge, Small Causes Court, Pune in Civil Suit No. 613 of 1985. The Appellate Court has decreed Civil Suit No. 613 of 1985 and has held that the Plaintiff-Respondent is entitled to recover possession of the suit premises directing the Petitioner-Defendant to handover possession thereof to the Plaintiff within a period of 6 months.

(2.) Two rooms on ground floor of the house property bearing City Survey No. 302, Shukravar Peth, Pune are the 'suit premises'. Plaintiffs are landlords of house property bearing No.302 and Defendant was inducted as monthly tenant in respect of the suit premises. It was averred in the Plaint that Defendant was not paying the rent from time to time and was in arrears since 1/8/1971. That the standard rent in respect of the premises were fixed at Rs.8.60 and after 1/4/1981, there was increase in water charges, sewerage charges etc. and the rent became Rs.9.40. Plaintiff demanded the arrears of rent by Notice dtd. 7/1/1985 and after adjusting Rs.857.00 deposited in the court from total arrears of Rs.1,420.60, Defendant was claimed to be in arrears of Rs.563.60as on 31/12/1984 and Plaintiff demanded the same. Despite receipt of notice, the Defendant did not pay the rent within the prescribed time limit. Since Defendant was in arrears of rent in excess of period of 6 months, Plaintiff instituted Civil Suit No. 613/1985 in the Court of Small Causes, Pune.

(3.) The suit was resisted by the Defendant by filing written statement contending, inter-alia that though she was willing to pay the rent, Plaintiffs refused to accept the same. That various money orders were not accepted by Plaintiffs. Defendant disputed increase in rent and prayed for dismissal of the suit. Defendant also filed Misc. Application No. 140 of 1985 seeking fixation of standard rent in respect of the suit premises on 12/2/1985.