ZAINAB BEE Vs. PRABHAKAR RAJARAM KHARWADE

JUDGEMENT

(1.) Since both these writ petitions raised challenge to the judgment of the appellate Court between the same parties, they are being decided by this common judgment by issuing Rule and making the same returnable forthwith. Respective Counsel waive notice.

(2.) Writ Petition No.211 of 2015 has been filed by the original plaintiff-landlady who had filed suit for eviction of the respondent - original defendant under provisions of Section 15, 16(1)(a), (g), (h) and (i) of the Maha-rashtra Rent Control Act,1999 (for short, the said Act). The suit was decreed by the trial Court while the appellate Court allowed the appeal filed by the respondent partly and set aside the decree for eviction. The landlady being aggrieved by setting aside of the decree for eviction has filed the said writ petition. Writ Petition No.6734/2015 is filed by the tenant challenging the judgment of the appellate Court to the extent of determination of standard rent @ Rs.5000/- per month. For the sake of convenience, the parties would be referred to as landlady and tenant.

(3.) The premises in question admeasuring about 610 square feet area at House No.839 is situated at Kamptee, District Nagpur. These premises including House No.840 were initially owned by one Kishanlal Algare and Chotelal Algare. On 10-12-1981 said Kishanlal entered into an agreement for selling the suit property to the tenant who was already occupying the same. The tenant had filed suit for specific performance of aforesaid agreement against Kishanlal. The tenant was unsuccessful in obtaining the decree for specific performance and a direction to refund earnest money was issued. The decree for refund of earnest amount attained finality on 8-10-2003 when Second Appeal No.232 of 2005 filed by the tenant came to be dismissed.