KALANDARALI AKBARALI KAZI Vs. SHAIKH GULAM IBRAHIM

JUDGEMENT

(1.) THE landlord filed Civil Suit No. 380 of 1977 in the Court of the Civil Judge, Junior Division, Nasik, against his tenant for possession of the suit premises on the ground that the landlord needed the suit premises reasonably and bona fide for personal use and that the tenant has been in arrears of rent for more than six months and has not paid, despite notice of demand. The defendant filed written statement and denied that he is a defaulter. He contended that the rent is excessive. He further contended that he had deposited rent of Rs. 80/- with the Municipality towards arrears of house tax and, thereafter, he has also deposited Rs. 340/- with the Municipality in pursuance to the notice by the Municipality.

(2.) THE learned trial Judge held that though the defendant was paying Rs. 35/- as rent, the standard rent is Rs. 25/- per month without electricity. The learned Judge held that the plaintiff has not proved that the defendant is a defaulter. The learned Judge held that the defendant had paid the rent till November 1976. The learned Judge negatived the case of the plaintiff for possession on the ground of bona fide personal requirement. Accordingly, the learned Judge dismissed the suit with costs by judgement and decree dated 30th September 1980

(3.) THE landlord preferred Civil Appeal No. 434 of 1980 to the District Court at Nasik. The learned Joint Judge, Nasik, by his judgement and decree dated 30th October 1982 allowed the appeal and decreed the suit of the plaintiff for possession on the ground of default.