SHAIKH IBRAHIM SHAIKH Vs. MOHAMAUDKHAN K.PATHAN

JUDGEMENT

(1.) By this Petition, Petitioner challenges the decree dtd. 28/7/1994 passed by District Judge, Nashik dismissing Civil Appeal No.91 of 1998 and confirming the decree dtd. 9/4/1987 passed by the Court of Joint Civil Judge Junior Division, Nashik in Regular Civil Suit No.73 of 1984 and Miscellaneous Application No.279 of 1985.

(2.) Facts of the case, as pleaded in the Plaint filed in Regular Civil Suit No.94 of 1984 are as follows. Three rooms and enclosed platform abutting road on ground floor of southern portion of Municipal House No.3309, City Survey No.4316 at Kazipura in Nashik City are the suit premises. The property bearing Municipal House No.3309 was owned by Late Hafizabi Kadar Khan Pathan. Defendant was inducted as monthly tenant in respect of the suit premises for monthly rent of Rs.55.00 by Hafizbi. After her death on 12/11/1974, Hafizabi left behind three sons viz, Abdul Gani Khan, Abdul Gafar, Abdul Karim and one daughter Zebrunisa. Plaintiff-Mohamudkhan Kadar Khan Pathan is the step-son of Hafizabi. According to Plaintiff, Hafizabi had partitioned various properties and had submitted application to the City Survey Office and accordingly entries were made to the record of rights. According to Plaintiff, the entire ground-floor of Municipal House No.3309 came to the share of the Plaintiff and his name was recorded to the records of rights. Accordingly Plaintiff is the landlord in respect of the suit premises from 12/11/1974 and he alone had right to recover rent from the Defendant-tenant. Plaintiff pleaded that Defendant tenant paid the rent upto October 1974 to Late Hafizabi and the rent after 1/11/1974 was in arrears.

(3.) Plaintiff further pleaded that he gave written intimation to the Defendant not to pay rent to any other person on 14/12/1974. However, Defendant failed to pay rent to the Plaintiff despite raising repeated demands. That the Defendant was in arrears of rent from 1/1/1975 to 31/10/1983 of Rs.5,830.00. Plaintiff served Notice dtd. 19/11/1983 terminating the tenancy of the Defendant and demanded arrears of rent and possession of the premises. That Defendant refused to accept the said notice. Plaintiff further pleaded that if Defendant had paid any amount to the Nashik Municipal Corporation, the details thereof were not furnished to Plaintiff and in the event of production of details and receipts of such payments, Plaintiff was willing to adjust the said amount from arrears of rent. Plaintiff instituted Regular Civil Suit No.73 of 1984 for recovery of possession of the suit premises and for recovery of arrears of rent of Rs.1,980.00 as well as for payment of rent of Rs.55.00 per month from 1/1/1984 till recovery of possession.