NANAJI GAJANAN UPAGANLAWAR Vs. SHABBIR HUSAIN FIDA HUSSAIN

JUDGEMENT

(1.) This is an appeal by the defendant. The facts giving rise to this appeal are as under:

(2.) The parties shall hereinafter be referred to as plaintiff and defendant.

(3.) Plaintiff is the owner of building situated at Mahatma Gandhi Road Ekori at Chandrapur. The defendant was a tenant of the plaintiff and was using the said premises as godown. The rent was Rs.55/- per month. The tenancy was monthly commencing from 14th day of each English Calender month. The defendant was irregular in payment of rent. The plaintiff, therefore applied to the Rent Controller for grant of permission to determine the tenancy of the defendant. The Rent Controller granted the permission on 25.04.1981. On 22.05.1981 the plaintiff through his counsel issued a notice terminating the tenancy of the defendant by 13.06.1981. Upon service of this notice the defendant sent a reply and informed the plaintiff to wait till decision of the appeal preferred against the order of the Rent Controller. Appeal came to be decided by the Resident Deputy Collector on 12.10.1981, hence on 23.12.1981 the plaintiff as a courtesy gave another notice to the defendant calling upon the defendant to vacate the premises by 14.01.1982. He was also called upon to pay damages at the rate of Rs.10/- per day. The defendant did not vacate the premises. Hence the plaintiff instituted the suit.