RAMESH RAMGOPAL DAGA Vs. VASANT BABURAO KHANDARE

JUDGEMENT

(1.) The petitioner tenant has invoked Article 227 of the Constitution of India and sought to challenge the reversal order passed by the additional District Judge, Nashik, (Appellate Court) , whereby the respondent-landlord's appeal has been allowed and the order of dismissal of the suit was set aside, resultantly, the respondent-landlord's suit has been decreed, basically on the ground of default. Therefore, the present writ petition.

(2.) The tenant and landlord's relationship was the basic cause of action for filing the suit for eviction, after issuing demand notice, as contemplated under the bombay Rent, Hotel and Lodging House Rates Control Act, 1947 (for short bombay Rent Act). There is no dispute in the present case, that the demand notice was issued and received by the petitioner-tenant. There was no dispute raised immediately within 30 days and or no application of any kind was filed within the said period. That resulted into filing of suit before the learned Civil judge, S. D. , Nashik (trial Court). The parties led evidence, after resisting the said suit. The learned Judge by order dated 28-4-1992, dismissed the suit. It is the appellate Court, by the impugned judgment and order, granted the decree for possession by reversing the finding. Heard the learned Counsel appearing for the parties.

(3.) Since 1962-63 the petitioner along with his other brothers residing in the suit premises, claiming to be the joint Hindu Family, as tenants. The receipts, in fact, as pointed out by the Counsel appearing for the respondents, during all this period were in the name of the petitioner. Therefore, the petitioner has been recognised, as tenant of the premises in question. The said monthly tenancy at the rate Rs. 30/- remained undisturbed, unchallenged even after the issuance of demand notice in question. No objection of any kind has been raised by any other brothers, who said to be the Karta of the Joint Hindu Family in question.