YASHODABAI GANPATRAO DHAMALE Vs. SANTOSH LALCHAND KACHHAVE

JUDGEMENT

(1.) The petitioner-tenant has invoked Article 227 of the Constitution of India and, thereby, challenged the concurrent finding of facts regarding the non-payment of the rent to the respondent-landlord.

(2.) Respondent-landlord is the owner of House No. 447b, situated at mahatma Phule Peth, Pune by virtue of a Will dated 9th May, 1979. The petitioner has been in occupation of the suit premises, but not paid the rent regularly. Therefore, by Notice dated 14th January, 1986, a demand was made for the arrears of rent from the year 1979 till the date of the Notice. The said notice was replied. The Suit for eviction, based upon the said Notice was filed on 3rd March, 1986. Admittedly, the petitioner-tenant has not deposited and/or shown her bona fide and/or intention to deposit the rent immediately within one month. No steps were taken, as contemplated under section 13 of The Bombay rents, Hotel and Lodging House Rates (Control) Act, 1947 (for short "the bombay Rent Act") within one month from the receipt of the said Notice. Admittedly, Misc. Application was filed after one month before the Court for adjudication of the fair rent or standard rent. The same was decided.

(3.) After considering the material placed on the record, including the respective evidence of the parties, the learned trial Judge, by judgment and order dated 25th November, 1988, held that the petitioner-tenant is a defaulter and passed the decree for possession on the ground of default only. The other grounds raised by the petitioner-tenant were rejected. The petitioner, therefore, preferred an Appeal. The Appellate Court, by its order dated 13th September, 1991, confirmed the order of the trial Court by holding that the petitioner-tenant is a defaulter and, therefore, respondent-landlord is entitled to the possession of the suit premises.