N.B. KULKARNI Vs. RAGHUNATH SHANKAR THIPASE

JUDGEMENT

(1.) THIS is a petition filed by the original defendant-tenant against whom both the lower Courts have passed a decree on the solitary ground of default in payment of rent.

(2.) REGULAR Civil Suit No. 1058 of 1974 was filed by the plaintiff-landlord in the Court of the Civil Judge, Junior Division, Solapur against the defendant-tenant for recovery and possession of the suit premises situate at Murarji Peth, Solapur. It was alleged that the defendant-tenant was in arrears from 1.1.1973. The standard rent was already fixed at Rs. 26/- per month. The landlord issued a notice of demand dated 24.7.1974 which was received by the tenant on 27.7.1974. The defendant did not reply to the suit notice. He did not raise any issue regarding standard rent. He did not make any application for fixation of the standard rent nor did he pay the arrears within 30 days. The learned Civil Judge, Junior Division, on these facts came to the conclusion that the provisions of section 12(3)(a) of the Bombay Rent Act are clearly attracted and passed the decree of eviction by his judgment and order dated 31.10.1980.

(3.) BEING aggrieved by the aforesaid judgments and decree, the defendant-tenant has preferred this petition.