CHANDRAKANT GANPATRAO DESHKAR Vs. RAMCHANDRA PRALHAD BHAKRE

JUDGEMENT

(1.) THIS revision application by the original defendant -tenant is directed against a decree for ejectment and Rs. 375/ -, passed by the Additional Judge, Small Cause Court, Nagpur.

(2.) THE opponent -plaintiff sued for ejectment of the applicant -defendant, contending that he was a monthly tenant at Rs. 110/ - plus electric and water charges and the month of tenancy began from the 1st of every month. As the house was constructed after 1 -1 -1951, the provisions of the C.P. and Berar Letting of Houses and Rent Control Order, 1949 (for short 'the Rent Control Order'), did not apply and he, therefore, sent a notice dated June 12, 1979 determining the tenancy with effect from July 31, 1979. The premises were not vacated in spite of this notice and the opponent, therefore, while seeking ejectment, claimed Rs. 330/ - as rent for the months of May, June and July, 1979, and Rs. 125/ - as damages for use and occupation from August 1,1979 to August 5, 1979 as also Rs. 25/ - as notice charges.

(3.) THE learned trial Judge found against the applicant on alt the issues and passed a decree for ejectment and arrears of rent, and damages for use and occupation, as stated above.