LOKCHAND Vs. KISHOR

JUDGEMENT

(1.) RULE returnable forthwith. Heard finally by consent of the parties.

(2.) BY the present writ petition, the petitioners seek to challenge judgment and decree dated 16. 12. 2006 in Regular Civil Suit No. 318/2005 passed by the 2nd Additional Judge, Small Causes Court, Nagpur and confirmed in Regular Civil Appeal No. 32/2007 by the Ad-hoc Additional District Judge, Nagpur.

(3.) THE respondent - landlord filed a civil suit against the petitioners by following procedure under Section 15 and 16 (g) of the Maharashtra Rent Control Act, 1999. Earlier he had filed the proceedings for permission to terminate the tenancy of the petitioners before the Rent Controller, Nagpur under Clause 13 (3) (ii) (iii) and (iv) of the Rent Control Order 1949, but he withdrew the said proceedings and filed the proceedings under the Act of 1999. The respondent averred in his suit that the petitioners were in arrears of rent for over 34 months and the respondent - landlord needed the premises in question for his own residence in view of his transfer from Akola to Nagpur. He was residing in a rented house on monthly rent of Rs. 1500/- and he badly needed the house owned by him for his residence. The Small Causes Court passed decree for eviction so also the arrears of rent to the tune of Rs. 11,725/- against the petitioners. The petitioners filed appeal before the District Judge under Section 34 of the Maharashtra Rent Control Act, 1999 and the same was dismissed. Hence, this writ petition.