LAXMAN BHIKASHET GANDHI Vs. PRATAPRAO ABAJIRAO SHINDE

JUDGEMENT

(1.) HEARD Counsel for the parties.

(2.) THIS Writ Petition under Article 227 of the constitution of India takes exception to the Judgment and Decree passed by the Additional District Judge, ratnagari dated 22nd November, 1991 in Civil Appeal no. 230 of 1985. The Appellate Court reversed the decree of possession passed by the Civil Judge, malvan on deputation at Chiplun dated 31st August, 1985 in Regular Civil Suit No. 29 of 1984 passed in favour of the Petitioners/landlord.

(3.) BRIEFLY stated, the premises in question are two rooms admeasuring 35 x 10 ft. bearing Municipal house No. 808 (B) having City Survey No. 6885 at village-Chiplun. The case of the Petitioner/landlord was that the Respondent was monthly tenant inducted in the said premises on monthly rent of Rs. 62/-and rs. 5/-by way of permitted increases. According to the Petitioner, the tenant failed to pay the monthly rent with effect from 1st June, 1983 consisting of standard rent and permitted increases in respect of the suit premises with effect from 1st June, 1983. As a result, the Petitioner issued demand notice on 23rd January, 1984 demanding arrears of rent from 1st june, 1983 to 31st December, 1983. It is noticed from the concurrent view taken by the two Courts below that the said demand notice was duly served on the Respondent/tenant on 4th February, 1984. Inspite of the said notice, the Respondent failed and neglected to pay the arrears of rent, as demanded by the Petitioner/landlord. As a result, the petitioner/landlord filed suit on 2nd April, 1984 for recovery of possession of the suit premises against the Respondent/tenant on the ground of default for the period between 1st June, 1983 to 31st December, 1983. To complete narration of the fact, it may be mentioned that the Respondent after entering appearance in the said suit deposited arrears of rent and has been regularly depositing the monthly rent in respect of the suit premises.