PARIGA LAXMAN AGAWANE Vs. TEJBHANDAS KHEMCHAND

JUDGEMENT

(1.) BY this petition filed under Article 227 of the Constitution of India, the petitioners challenge the order dated 14.8.1985 passed by the VII Assistant Judge, Thane, in Civil Appeal No.319/1983. That appeal was filed by the petitioners challenging the judgment and decree dated 8.7.1983 passed by the Joint Civil Judge, Ulhasnagar, in Regular Civil Appeal No.234/1977. That civil Suit was filed by the respondent claiming therein that he is owner of the suit premises, which is a shop and a room for residence, of which is a shop and a room for residence, of which one Laxman Nagu Agawane, of whom the present petitioners are the legal representatives, is the tenant. The landlord sought a decree of eviction against the tenant on the ground that the tenant is not ready and willing to pay the rent. The trial Court recorded a finding in favour of the landlord and decreed the suit and directed the tenant to vacate the suit premises. In the appeal filed by the tenant, the appellate Court confirmed the finding recorded by the trial Court and dismissed the appeal. Therefore what is challenged in the present petition is the concurrent finding recorded by both the Courts below.

(2.) THE record of the case reveals that a notice dated 19.5.1977 was issued by the landlord to the tenant demanding arrears of rent from September 1976 to April 1977. Admitted position is that within one month of the receipt of this demand notice, the tenant did not tender the rent demanded by the landlord. He did file an application for fixation of standard rent under section 11(3) of the Bombay Rent Act but both the Courts have found that that application was dismissed in default and was never restored and therefore the courts have passed a decree of eviction against the tenant.

(3.) IN the result, therefore, the petition fails and is dismissed. Rule discharged with no order as to costs.