NIVRUTI MOTIRAM LOKHANDE Vs. KALPANABEN RAMANLAL DESAI

JUDGEMENT

(1.) HEARD learned Counsel for both parties. Perused the record.

(2.) THIS is a revision application challenging the judgment and order passed by the Additional District Judge, Nandurbar, dated 26.2.2001, dismissing the defendant - tenant's appeal and confirming the judgment and order passed by the C.J.J.D., Nandurbar, dated 28.10.1993 in R.C.S. No.77 of 1984 passing decree of eviction from the suit property under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter called as the Bombay Rent Act).

(3.) THE defendant - petitioner resisted the claim inter alia denying the allegations made by the plaintiffs and submitting that the respondents are not the owners of the property. According to the defendant, he had taken the suit premises on lease from one Bipinchandra Desai, in the year, 1967 and therefore, he is not even knowing the respondents as owners of the suit premises nor there is any communication between the parties in respect of ownership of the suit premises. It is further denied by the defendant - petitioner that the rent of the suit premises was 50/- per month. However, according to the defendant, Bipinchandra Desai had increased the rent from Rs.30/- to Rs.35/- and then Rs.50/- per month from time to time, by taking advantage of the helpless position of the petitioner - defendant. Therefore, it is claimed that the standard rent of the suit premises was Rs.24/- per month, which the defendant was ready and willing to pay to the landlord. The defendant also denied that he was in arrears of payment of rent as alleged. According to him, the rent was recovered by Bipinchandra Desai from him for the period from 1.9.82 to 31.2.84 at the rate of Rs.50/- per month. It is submitted that the defendant is not liable to be evicted on the ground of willful default on his part in payment of rent for more than six months. On such grounds, the suit was sought to be dismissed.