VASUDEO KISHAN CHANDELKAR Vs. SHANTBAI RAJARAM WANI

JUDGEMENT

(1.) THIS petition arises out of an eviction proceeding initiated by the landlady on the ground of default in payment of rent under the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947.

(2.) THE respondent-plaintiff raised contentions that a room having area of 9'x6' in the House No. 2640-A 1+2+3 was owned by the plaintiff. The petitioner defendant was handed over possession of the suit shop on monthly rent for running a laundry. The petitioner agreed to pay rent of rs. 30. 00 per month and Rs. 5. 00 towards electricity charges. At the time of agreement, the petitioner paid an amount of Rs. 50. 00 as deposit with the respondent plaintiff. A receipt was executed by the respondent in favour of the petitioner to this effect. It is contended that the petitioner had initially taken the shop for two months but, thereafter, he declined to vacate the suit shop. The rent was not paid thereafter. But, Rs. 5/= were paid towards electricity charges by the tenant. The default period warn said to be starting from 1/2/1974 to June, 1976. A notice (Exh. 31) was issued by the landlady to the tenant on 14/7/1976 before filing the suit on account of default.

(3.) THE parties led evidence. The respondent landlady examined herself and the petitioner examined himself and apart from him, one Bhagwan choudhary was also examined on behalf of the petitioner.