ASHABI SHAIKH DAWOOD KASAM Vs. GHANSHYAM BABURAO PALANGE

JUDGEMENT

(1.) THIS is a petition filed by the original defendants-tenants seeking to challenge the concurrent decrees passed by both the lower Courts under Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, for possession on the ground of default in payment of rent.

(2.) THE premises which are the subject-matter of dispute consist of one room on the ground floor, City Survey No. 2962, H. No. 24, Bopodi, Pune. The said premises were let on a rent of Rs. 10/- per month.

(3.) THE defendants resisted the said suit contending that they were not in arrears of Rs. 870/- on the date of the notice Exh. 27, dated the 12th of August, 1974. According to them since the plaintiffs were not accepting rent tendered by them they used to send the rent by money orders. According to the defendants they were not in arrears and were thus not liable to be evicted on the ground of default in payment of rent.