UNION OF INDIA Vs. JETHALAL LADHURAM MANIAR

JUDGEMENT

(1.) Heard the learned counsels for the rival parties. Perused Petition and annexures annexed thereto. Facts :

(2.) This Petition is filed under Article 227 of the Constitution of India against the judgment and order dated 12th April, 2005 passed by the Division bench of Small Causes Court in Appeal No. 552 of 2001; confirming the judgment and decree to the extent it directs delivery of possession of the suit property and to that extent confirmed the judgment and order passed by the learned trial Judge on 22nd/23rd June, 2001 in R. A. E. Suit No. 929/2990/1987.

(3.) The present respondents/landlords, after purchasing the suit property, by registered sale deed dated 3-11-1982, from the previous landlord Mr. Natwarlal dwarkadas Shroff and others did issue notice dated 2nd August, 1984 calling upon the Union of India and the Post Office, Churney Road, Mumbai to pay arrears of the rent at the rate of Rs. 115.45 from 3-11-1982 onwards with permitted increase as per section 12 (2) of the Bombay Rent Act (57 of 1947) within 30 days from the date of receipt of the notice in view of purchase of the suit property by them. At this juncture, it is relevant to mention that demand for permitted increases was made without specifying any specific quantified amount. What was demanded was the amount as may be payable under section 12 (2) of the Rent Act.