ANANT TULSHIRAMJI BAJAJ Vs. SUNIL

JUDGEMENT

(1.) The proceeding is filed by the landlord against the judgment and decree of Rent Appeal No.10 of 2011 which was pending in the Court of the learned Principal District Judge Aurangabad. The Principal District Judge has set aside the judgment and decree of possession given on the ground of default by the Civil Judge, Junior Division, Aurangabad in Rent Suit No.20/2006. Both the sides are heard.

(2.) The suit was filed in respect of property bearing Municipal House No.4/3/42 (CTS No.4395) situated at Machhali Khadak, Aurangabad. It is the case of the plaintiff that on monthly rent of Rs.751/- the suit premises was given to the defendant for using it as a shop.

(3.) It is the case of the plaintiff that the defendant was never regular in making payment of monthly rent and he is willful defaulter. It is contended that as the defendant had not paid the monthly rent of 36 months prior to the date of the notice, statutory notice dated 29-9-2005 was given by the landlord to the defendant, tenant and the tenancy of the defendant was terminated. It is contended that notice was sent by registered post with acknowledgment due and copy was sent under certificate of posting. It is contended that notice sent by RPAD was returned by post office with endorsement but the second notice sent under certificate of posting was not returned and it needs to be presumed that the notice was served on the defendant.