BHASKAR BHAGWANT SHINDE Vs. VASUDHA MADHUKAR KADAM

JUDGEMENT

(1.) Rule. The respondents waive service. By consent of the parties, taken up for final hearing.

(2.) The petitioner is the original defendant in Civil Suit No. 1758 of 1989 filed by the respondents (original plaintiffs) in the small Causes Court at Pune. The suit was filed for possession of the suit premises on the grounds of default in payment of rent, bonafide requirement, acquisition of alternate accommodation, non user and change of user of the suit premises.

(3.) The case of the plaintiffs is that the property being House No. 347 situate at rasta Peth, was owned by the mother of plaintiff 1. Plaintiff 2 is her husband. The defendant is the monthly tenant of two rooms on the first floor of the said house. The agreed rent was Rs. 35/- per month inclusive of education cess and permitted increases. The tenancy month commenced from first of every english Calender month. According to the plaintiffs, the defendant was in arrears of rent from 01-10-1986. The plaintiffs gave a notice demanding arrears of rent on 18-03-1989. According to the plaintiffs, the said notice was replied by the defendant raising false contentions. The defendant remitted Rs. 48/- by money order. However, the money order was refused by the plaintiffs. The defendant had made some reference to a demand draft in the reply. However, in fact, no demand draft was sent. The plaintiffs claim that they were entitled to recover the arrears of rent, permitted increases and education cess. The plaintiffs also alleged that the defendant had acquired alternate accommodation and had shifted there keeping the suit premises under lock. The defendant had not used the suit premises for more than six months. The plaintiffs also alleged that the defendant had caused damage to the suit premises and he had changed the user of the suit premises.