DHARMAJI KRISHNAJI SONAVANE Vs. K A PARMAR

JUDGEMENT

(1.) Heard Shri C.A. Phadkar and Shri R.S. Deshmukh, the learned Counsel for both the sides.Rule Parties agree to argue the rule immediately. Shri Deshmukh, the learned Counsel for the respondent waives service. Rule is, therefore, being disposed of finally by consent.

(2.) Shop premises located in Parkars Chawl in Dharavi area of this metropolis is owned by the petitioner herein and which was rented out to the respondent creating monthly tenancy on the monthly rental of Rs. 12.63. The respondent, as per the landlord is a persistent defaulter in the matter of payment of rent which gave rise to ejectment suit in the year 1979 which however, was settled between the parties. Instead of that, according to the landlord, the same petition of default was repeated on account of which the petitioner-landlord issued notice to the respondent tenant on December 20, 1980 inter alia alleging that the tenant has been in rental arrears for more than six months in between 1st January, 1980 and 30th November, 1980 with the further allegations that the premises were not used for a continuous period of more than six months prior to the notice as those were kept locked. Non-compliance with the demand in the notice by which the tenancy was terminated entailed in filing R.A.E. Suit No. 4498/1982 in the Small Causes Court at Bombay against the respondent tenant claiming possession of the suit premises mainly under section 12(3)(a) and 13(1)(k) of the Rent Act on the ground that the tenant has not been ready and willing to pay the rent and has been in default for more than six months and has not either remitted the amount of moved for fixation of standard rent within one month from the receipt of the notice and also that the suit premises have not been used for more than six months prior to the date of the notice.

(3.) Certain events occurred in between after filing of the suit, which mainly pertain to the controversy as to whether the suit summon was duly served on the respondent-defendant. According to the petitioner-landlord, nearly more than three efforts were made to effect the service and ultimately on his motion the learned Judge granted permission for substituted service and it was effected on the defendant by pasting the same on the suit premises, on 12th November, 1982 and a separate summons was sent through the Registered Post and also Under Certificate of Posting, inspite of which service, according to the landlord, the tenant wilfully avoided to participate in the proceedings. This no doubt was ultimately controverted by the tenant. However, in between the suit was treated ex parte and on the basis of the plaintiffs evidence an ex parte decree was passed on 8th December, 1983 directing the tenant to handover vacant possession to the landlord.