SUMAN SHANKAR UNDE Vs. SHAMSUNDER LEKHRAJ KHATRI

JUDGEMENT

(1.) The petitioner-tenant has invoked Article 227 of the Constitution of India and sought to challenge the concurrent finding of Courts below, decreeing the suit for possession of the suit premises in favour of the respondent-landlord, on the ground of default, as contemplated under the provisions of Bombay Rents, Hotel and Lodging House rates (Control) Act, 1947 (for short 'bombay rent Act').

(2.) The suit premises consists of three rooms and a bath room in the house no. 214, situated at Ward No. 3, Baramati, district Pune. The tenancy was monthly and the agreed rent was Rs. 35/- per month, excluding education cess and other taxes. There was irregularity in payment of the rent and therefore, by the notice dated 14/5/1989, the respondent-landlord demanded the arrears of rent. The petitioner however, paid Rs. 800/- to the respondent on 30/5/1979. The petitioner preferred a Misc. Application No. 41/1979 for the fixation of standard rent on 18/5/1979. The respondent preferred the Reg. Civil Suit No. 366 of 1982 for the recovery of possession of the suit premises and for recovery of arrears of rent, in the Court of Civil Judge, J. D. Baramati (trial Court). It was resisted by the respondent by filing a written statement. The trial Judge decided the M. A. No. 41/79 along with the suit and had fixed the standard rent at Rs. 50/- per month. On 20th October, 1985, the learned trial judge after considering the evidence led by the parties and material placed on the record, held that the petitioner-tenant was defaulter for more than six months and on that ground the decree for possession.

(3.) The Additional District Judge, baramati, District Pune, (appellate Court) , after considering the rival contentions, as raised by the parties, has confirmed that the respondent- landlord proved, that the petitioner-tenant failed to deposit the standard rent and permitted increases in the Court whenever due and payable and further failed to pay regularly, till the decision of the suit. The appellate Court, however, reduced the standard rent of the suit premises excluding permitted increases at Rs 35/- per month. The appellate Court therefore, has maintained the decree for possession and further directed to appropriate the rent amount deposited by the petitioner-tenant in the Court, by setting aside the decree for recovery of arrears of rent, as passed by the Trial Court. Therefore, the present writ petition by the petitioner-tenant.