SHANKER PARSHARAM MARATHA Vs. BIPINCHANDRA KAMLASHANKAR DESAI

JUDGEMENT

(1.) Petitioner No. 1 is the father of petitioner No. 2 The Petitioners have filed the above Special Civil Application, under Article 227 of the Constitution of India, challenging the validity of the judgment and decrees passed by the Civil Judge, Junior Division, Nandurbar, dated September 22, 1970 and by the District Judge, Dhulia dated September 23, 1971, directing the Petitioners to be evicted from the suit plot on the ground of non-payment of rent of Rs. 5/- per month.

(2.) When this petition was called out, neither the Petitioners nor their Advocate were present. However, this is a petition under Article 227 of the Constitution of India; and looking into the ground and the judgments of the two courts below, I called upon Mr. Desai, the learned Counsel for the respondent , to support the judgment of the two courts below and particularly of the learned District Judge.

(3.) The fact that the petitioner No. 1 had taken the suit plot on lease, on October 1, 1967, was not in dispute. There was a dispute in the trial Court between the parties about the standard rent. The landlord was contending that the rent of suit plot was Rs. 5/-. The petitioners were contending that the rent of the suit plot Rs. 3/-. The landlords case was that the Petitioners were in arrears of rent since October 1, 1967, notwithstanding that there was an earlier suit No. 158 of 1967, in which there was a compromise dated September 16, 1969, in which the standard rent was fixed at Rs. 5/- p.m.