BABAN Vs. ABDUL HAFIZ

JUDGEMENT

(1.) Rule. Heard finally with consent of learned counsel for the parties.

(2.) The short issue that arises for consideration in this Writ Petition is whether a notice issued under the provisions of Section 15(2) of the Maharashtra Rent Control Act, 1999 (for short 'the Act of 1999') should contain a stipulation regarding termination of lease as contemplated by the provisions of Section 106(1) of the Transfer of Property Act, 1882 (for short 'the Act of 1882').

(3.) The respondent is the original plaintiff who has filed suit for ejectment and possession under provisions of Section 15 of the Act of 1999. Prior to filing of aforesaid suit, notice dated 18/03/2006 came to be issued to the petitionertenant demanding arrears of rent from 01/01/1980 to 31/03/2006. As aforesaid arrears were not paid, suit came to be filed for ejectment and possession. The trial Court found that the petitioner was in arrears of rent and hence was liable to be evicted on said count. It therefore decreed the suit by holding the petitioner to be in arrears of rent. The decree as passed was confirmed by the appellate court.