SHIVAJI SA PATTI Vs. KUWAR HANUMANSINGH BHAVSAR

JUDGEMENT

(1.) BY this petition filed under Article 227 of the Constitution of India, the petitioner challenges the order dated 15.11.1983 passed by the Joint Judge, Pune, in Civil Appeal No.936/1980. That appeal was filed by the respondent challenging the Judgment and decree passed by the II Additional Judge, Small Causes Court, Pune, dated 21.7.1982, in Civil Suit No.1719/1978. That suit was filed by the present petitioner claiming therein that he is owner of house bearing No.75, Solapur Bazar, Camp, Pune, and that defendant Hanumansing, of whom the present respondent is the legal representative, is a tenant. The landlord sought a decree of eviction against the tenant on the ground that the tenant is not ready and willing to pay rent. The landlord had sought a decree also on the ground that he needs the suit premises for his bona fide occupation. The trial court, however, found in favour of the landlord on the ground of default committed by the tenant in payment of rent and decreed the suit. The trial court recorded a finding against the landlord on the ground of bona fide need of the landlord. The decree passed by the trial court ordering eviction of the tenant from the suit premises was challenged in appeal by the present respondent who is widow of the original tenant. The appellate court, however, on repreciation of the evidence, reversed the finding recorded by the trial court, allowed the appeal and dismissed the suit. The present petition is thus directed against the order passed by the appellate court.

(2.) SHRI Dalvi, learned counsel appearing for the petitioner, urged before me that rent from the month of April 1977 was due. Therefore, notice dated 28.12.1977 was issued. The notice was not replied to by the tenant within one month of its receipt nor was any payment made to the landlord within one month from the date of receipt of the notice. There was no application also filed for fixation of standard rent. The suit was filed by the landlord on 30.6.1978. The original tenant Hanumansing filed his written statement on 15.1.1979. Perusal of his written statement shows that he denied that rent from the month of April 1977 was due. He averred that he has paid rent from time to time but the landlord has not issued rent receipt. Therefore, the amount of rent was sent by money order from time to time. Thereafter, the original tenant Hanumansingh died. The present respondent was brought on record as his legal representative and she filed a fresh written statement on 7.1.1981. In her written statement, she stated that rent from the month of April 1977 was due but an amount of Rs.500/- was paid by her personally to the landlord on 27.12.1977. However, the landlord did not give her receipt and therefore according to her, the tenant was not in arrears of rent for a period of more than 6 months. Shri Dalvi urged that the appellate court accepted the version put up by the present respondent that an amount of Rs.500/- was paid on 27.12.1977. The first submission that was made by Shri Dalvi was that the trial court, after appreciating the entire evidence on record, had disbelieved the version of the respondent that an amount of Rs.500/- was paid by the respondent to the landlord on 27.12.1977 and there was no justification for the appellate court to reverse that finding recorded by the trial court. In the submission of Shri Dalvi, cogent reasons have been given by the trial court for recording that finding. In the submission of Shri Dalvi, omission in the written statement filed by the original tenant to mention this alleged payment of Rs.500/- on 27.12.1977 is crucial.

(3.) IN the result, therefore, the petition succeeds and is allowed. Rule made absolute in terms of prayer clauses (B) and (C) with no order as to costs.