LAXMAN NAVRAT Vs. KESHARINATH CHOGLE

JUDGEMENT

(1.) THIS is a tenants petition under Article 227 of the Constitution against the judgment and decree passed by the Appellate Bench of the Small Causes Court dismissing the appeal against the judgment and decree of ejectment passed by the Judge of the Small Causes Court, Bombay.

(2.) THE petitioner is a tenant of the respondents who terminated the tenancy and instituted a suit for ejectment and possession against the petitioner on various grounds, one of which was default of payment of rent. It was the case of the respondents that the tenancy commenced from 1st April, 1955, while it was the case of the petitioner that he was the tenant since prior to 1940. THE respondents claimed that the petitioner is in arrears of rent from 1st October, 1960 to 31st May, 1964. Notice dated 9th June, 1964 terminating the tenancy of the petitioner and demanding the arrears of rent was issued by the respondents. THE petitioner replied that the rent was excessive and exhorbitant but because of the relations between the parties for a number of years, he did not want to raise a dispute about the rent. On failure of the petitioner to comply with the requirements of the notice, the respondents filed the suit which was contested by the petitioner but it appears that in the written statement the petitioner has not raised any dispute about the standard rent. However, Issue No.5 was framed along with other issues by the trial Court which reads :

(3.) THE case regarding the standard rent was, therefore, examined by both the courts below and they have found that the defence regarding the dispute of the rent was not bona fide and that being the position, the case was clearly governed, as held by both the courts below, by Clause (a) of sub-section (3) of section 12 of the Rent Act. THE petition is devoid of any substance and deserves to be dismissed.