SAGAR BHAGWAT Vs. KIRAN ISHKUMAR LEEKHA

JUDGEMENT

(1.) Rule. Heard finally with the consent of the learned Counsel for the parties.

(2.) This writ petition filed under Article 227 of the Constitution of India takes exception to the decree for eviction passed by the trial Court which has been maintained by the appellate Court. The respondent no.1 is the owner of a shop in which the respondent no.2 - defendant no.1 and the petitioner no.1 - defendant no.2 were the tenants. The rent agreed to be paid was Rs. 2500/- per month. For the sake of convenience, the respondent no.1 would be referred to as the landlady, the petitioner no.1 would be referred to as the tenant and the petitioner no.2 would be referred to as the sub-tenant.

(3.) According to the landlady, the tenants were in arrears of rent since August 2006. As these arrears of rent were not paid despite demand being made, on 21-11-2009 the landlady issued a notice under provisions of Section 15(2) of the Maharashtra Rent Control Act, 1999 (for short, the said Act) to the tenants as well as the subtenant. It is also the case of the landlady that she was in bonafide need of the suit block. Further, the tenants had sublet the premises to the subtenant without consent of the landlady. On these counts the landlady filed suit for eviction against the tenants and the subtenant.