GOPAL DATTARYA CHAPAHLKAR Vs. GOVIND YESHWANT BORKAR

JUDGEMENT

(1.) BY this petition filed under Article 227 of the Constitution of India, the petitioner who is a tenant of two rooms on the second floor of the residential premises, challenges the Order dated 30.10.1982 passed by the 10th Extra Assistant Judge and Assistant Sessions Judge, Pune dismissing the Civil Appeal No.128 of 1980 filed by the petitioner. By that order the Appellate Court confirmed the judgment and decree passed by the Additional Judge, Small Cause Court, Pune dated 14.11.1979 in Civil Suit No.2163 of 1974 for eviction of the petitioner from the suit premises.

(2.) THE facts giving rise to the present petition are that the respondents who are landlords and owners of the suit premises issued a notice dated

(3.) SHRI Pandit, the learned counsel appearing for the respondents contended that though the respondent-landlord did not perform his statutory duty under section 23(1) of the Bombay Rent Act to repair the suit premises, it was open to the petitioner-tenant to repair the premises under sub-section 2 of Section 23 of the Act. Shri Pandit, relying on the judgment of the Calcutta High Court in the case of Jatindra Kumar Dass v/s. Dhirailal Vrajlal Kanakia (AIR 1975 CALCUTTA 123), submits that though the repairs are not carried on by the landlord, the liability of the tenant to pay the rent is not suspended.