BIBI AMIR SHAIKH Vs. KADIR YASIN KHOT

JUDGEMENT

(1.) BY this Petition filed under Article 227 of the Constitution of India, the Petitioner who is the original tenant is challenging the judgment and decree passed by the Joint Civil Judge, Junior Division, Nasik dated 21/08/1982 in Regular Civil Suit No.312 of 1980 and also the order passed by the Additional District Judge, Nasik in Regular Civil Appeal No.406 of 1982 whereby the order passed by the Trial Court was confirmed in appeal.

(2.) BRIEF facts in a nutshell are as under:-

(3.) A Division Bench of this Court (Coram: Dr. S. Radhakrishnan and Smt. R.S. Dalvi, JJ) in its judgment dated 24th October, 2007 in Sitaram Maruti Nagpure Vs. Fakirchand Purushottam Dhase in Writ Petition No.935 of 1994 with Writ Petition No.2682 of 1991 has now held that if a money order is sent by the defendant for the period for which arrears of rent are claimed and the same is not accepted by the landlord, cause of action to file the suit for eviction on the ground of default would not accrue in favour of the landlord. The ratio of the said judgment squarely applies to the facts of the present case.