TAHERBHAI TAIYEBHAI POONAWALA Vs. G HAMID HASAN PATEL

JUDGEMENT

(1.) The present Petition has been filed by the Petitioners - Landlords on being aggrieved by the Judgment and Order in an Appeal by the Learned IV Additional District Judge, Pune dated 7th April, 1990 whereby the Appeal was allowed and the Judgment and Decree of the Trial Court was set aside.

(2.) The facts and circumstances of the case are stated as follows :-

(3.) The Petitioners had therefore filed a suit in the Court of Small Causes at Pune, being Suit No.1257 of 1982 for possession on the grounds of arrears of rent, illegal sub-letting, waste and damage and acquisition of suitable alternative accommodation. The Respondent Nos.2 and 3 in their written statement had contended that they had personally went to pay the rent, but the Petitioners had refused to accept the same, hence he was compelled to send the rent and taxes by a money order which was refused by the Plaintiff on 18th June,1981. The Respondent Nos.2 and 3 in their written statement had also denied having acquired alternative accommodation, but had the House No.1101, Old Modikhana, Pune much before taking over of the present suit premises on a tenancy basis. On 30th June,1986, the III Additional Judge, Small Causes Court, Pune had decreed the Petitioners suit and directed Respondent Nos.1 to 3 to deliver possession of the suit premises on or before 31st December,1986 and Respondent No.1 was directed to pay arrears of rent of Rs.1485.40. In the said judgment, the learned Trial Judge as far as arrears of rent and acquisition of alternative accommodation grounds were answered in favour of the Tenants. No issue was framed regarding waste and damage. The trial Court clearly gives a finding that there was illegal subletting, accordingly suit was decreed. However, in the said judgment the trial Court had not dealt with the issue of limitation. The present Petitioners did not challenge the findings regarding arrears of rent and acquisition of alternate accommodation.