SHIVAJI KESHAVJI THAKKAR Vs. RANCHODDAS GOKULDAS

JUDGEMENT

(1.) This petition, under Article 227 of the Constitution of India, is filed by the landlord-petitioner against the tenant in respect of recovery of the possession of a room in "Ramtirth Kutir situated at 23-A, Doongarsi Road, Bombay-400 006, against the decision of the Appeal Court of Small Causes in Appeal No. 648 of 1966, dismissing the appeal of the petitioner.

(2.) It is alleged that the tenant is in arrears of rent with effect from March 1, 1958 to January 31, 1963. The said suit was contested by the tenant denying the arrears of rents as claimed in the notice of demand dated February 21, 1963. The tenant further contended that he had paid rent upto February 1963. It appears that an order was passed during the pendency of the suit on November 15, 1963 directing the tenant to deposit a sum of Rs. 500/-. After deposing the said amount the opponent filed his defences. The trial Judge after considering the evidence led before him by the parties, came to the conclusion that the tenant-respondent was not in arrears of rent for more than six months and further held that the notice of demand dated February 21, 1963 was bad in law and consequently dismissed the suit.

(3.) Feeling aggrieved by the aforesaid judgment and decree passed by the learned Judge of trial Court, the petitioner preferred an appeal in the Appeal Court of Small Causes at Bombay. The Appeal Court, after appreciating the oral and documentary evidence on record held that :