GOPAL SHRIKISAN AGRAWAL Vs. VINAYAK PRALHAD JAMKHEDKAR

JUDGEMENT

(1.) THIS is a petition by an unsuccessful tenant, who has lost in the first round before the lower Appellate Court in spite of having a suit dismissed against him. The facts of the case in nut-shell are as under.

(2.) THE present petitioner - Gopal happened to be a tenant in the property, house No. 1160/2 at village Shendurni, tq. Jamner of which Vinayak Pralhad Jamkhedkar, the respondent happened to be the landlord. Out of the suit premises, a room on the ground floor admeasuring 18 x 15 ft. was leased out to the present petitioner on the monthly rent of Rs. 7/ -. Tenancy commenced some time in the year 1969 and was as per gregorian calendar. The petitioner was served with two notices i. e. on 5-7-1973 and 30-6-1974, whereby it was pointed out that he was in arrears of rent and he was, therefore, called upon to pay the arrears, as also to hand over the possession of the suit premises. As per the notice, the tenancy stood terminated at the end of 30th July, 1974 i. e. in pursuance of the second notice. Since the petitioner-tenant failed to comply with the notice, the landlord - Vinayak was required to file Regular Civil Suit No. 22/75 in the Court of Civil Judge, Junior Division, Jamner.

(3.) AFTER completion of the formalities i. e. filing of written statement, the learned Judge of the Trial Court had framed the issues at Ex. 14. Issues, which were material, were as to whether the defendant did prove that the plaintiff had agreed to adjust the rent amount of Rs. 468/- towards repairs. This issue is at Sr. No. 3 at Ex. 14, and the another material issue was as to whether the plaintiff proved that the defendant did pay the rent till 31st January, 1969 and rent from 1st of April, 1969 was due against him. As to the first issue as regards adjustment of amount of rent towards repairs, the learned Judge of the Trial Court held in favour of the petitioner-tenant and as to issue No. 5 as regards arrears of rent, the learned Judge of the Trial Court held against the respondent-landlord. On the basis of defence taken in the written statement and after having answered the respective issues, the learned Judge of the Trial Court reached to the conclusion that the plaintiff totally failed to prove his case and he accordingly dismissed the suit with costs by his judgment and order dated 9-7-1980. The learned Judge further directed that the defendant should pay Rs. 223/- to the plaintiff towards the rent of the suit premises.