YESHWANT TAYAPPA ULANGE Vs. RANGUBAI

JUDGEMENT

(1.) THIS is a petition by the original defendant-tenant. The plaintiff landlord filed regular civil suit no.285 of 1978 in the court of Civil Judge J.D, Ichalkaranji against the defendant-tenant and eight other persons allegedly sub-tenants of the defendant for possession of the suit premises as also arrears of rent and mesne profits plus notice charges.

(2.) THE plaintiff averred that she is the owner of the site bearing house no.164(c)(3) in CTS no.7406 situated in ward no.10 of Ichalkaranji. Out of the said premises open plot admeasuring 45 ft x 40 ft was given to the defendant on lease for 5 years by a registered lease deed executed on 20.3.1961. The plaintiff averred that after expiry of the period of lease defendant no.1 became statutory tenant of the suit site. The tenancy began on 21st of every month of English Calendar and ended on 20th of succeeding month. The rent of the premises was Rs.36.00 per month. The defendant no.1 sub-let a portion of the suit premises to defendant nos.2 to 8. It was also averred that defendant no.1 is in arrears of rent from 21.6.1975 to 20.12.1977 amounting to Rs.1076.00. The mesne profits for two months were also claimed at Rs.36 per month. Thus total amount of Rs.1148.00 upto the date of the suit was claimed and thereafter future mesne profits were also claimed in the suit.

(3.) THE defendant resisted the suit. He stated that he has taken the suit premises for self occupation and also for sub-letting and sub-tenants were there with the knowledge of the deceased husband of the plaintiff i.e. late Shri Krishna Shah.He denied that he is a defaulter. He stated that he is prepared to pay the arrears of rent. He also contended that the plaintiff's power of attorney had accepted the rent from sub-tenants.