KUNJI VIHAR JAMNADAS SHAH Vs. DADANBAI KHUSHIRAM

JUDGEMENT

(1.) IN my view, this Writ Petition is a classic example of abuse of Writ Jurisdiction of this Court to delay pending litigation.

(2.) THE Respondent-landlord filed R.A.E. and R. Suit No. 386/1096 of 1987 through her Constituted Attorney against the Petitioner - tenant on the ground of default. The suit was preceded by a Notice dated 14th April, 1986, which was admittedly received by the Petitioner. The details of the arrears of rent were given in that notice in a manner which would be clear to the dimmest. Admittedly, there is no reply given to this notice, nor was any objection raised to the arrears claimed by the Notice date 14th April, 1986. Paragraph 1 of the plaint clearly gives the break-up of the contractual rent and several components of the permitted increases. In spite of these particulars, a Written Statement was filed by the Petitioner and in paragraph 3 thereof he categorically stated :-

(3.) THE present Petition was moved against the aforesaid order of the Appeal Bench of the Small Causes Court and admitted on 2nd September, 1994. Ad-interim relief in terms of prayer (d) was granted, as a result of which the further proceedings in the Appeal Court have been stayed.