SALGAONKAR ENGINEERS PRIVATE LTD Vs. GEORGE MENEZES SOUZA

JUDGEMENT

(1.) THE Respondent had filed a Suit for declaration that the lease entered into between the parties stood terminated with effect from 30.4.1983. The Respondent sought vacant possession of the two suit flats and recovery of arrears of rent amounting to Rs. 14,200/- as well as future mesne profits at the rate of Rs. 2,500/- per month with interest at the Bank rate. The Respondent had given on oral lease the said two flats on payment of Rs. 2,000/- per month payable on 15th of every month. The lease was month-to- month lease and the Appellant started occupying the suit flats from 1st October, 1982 but failed to pay the rent ever since its occupation. The Rent Control Act is not applicable to the case as the statutory period of four years from the date of completion of the suit premises had not elapsed. Despite repeated requests, the Appellant failed to pay the rent and in December, 1982 agreed for adjustment of Rs. 4,800/- in respect of another flat which was occupied by the Appellant which the Appellant agreed to surrender. The Respondent by Notice dated 24th March, 1983 terminated the oral lease of the suit flats from 30th April. 1983 and this Notice was received by the Appellant on 30th March, 1983. The Appellant did not vacate the suit flats and the Respondents filed the present suit.

(2.) THE Appellant raised various defences including non-joinder and that Notice was not in conformity with Section 106 of the Transfer of Property Act. It was also alleged by the Appellant that the suit flats were leased initially for a period of 36 months and the rent was payable on or before 7th of every month. The Appellant further urged that the rent relating to the suit flats was to be adjusted against the sum of Rs. 73,355.35 payable by the Respondent to the Appellant and that the Appellant had to receive balance amount of Rs. 41,355.35 after adjustment of rent of Rs. after adjustment of rent of Rs. 32,000/- till 31.1.1984.

(3.) ON the pleadings of the parties, the following issues had been framed :-