AMRITSINGH SARDARSINGH SURI Vs. KHANDRAO PANDURANG ARYAMANE

JUDGEMENT

(1.) The legal representatives of the tenant have filed this Special Civil Application under Article 227 of the Constitution of India, challenging the judgment and order passed by the learned District Judge, Thane, on December, 11, 1973.

(2.) The landlord filed an application against the original tenant who was occupying a shed at Thane, ad-measuring 12 x 12 and was paying rent at the rate of Rs. 30/- per month. The tenant was inducted on the suit premises in the year 1952. He was also using the open space in front of the shed to the extent of 12 x 6. The landlord terminated the tenancy of the tenant by issuing quit notice dated December, 15, 1968, on the grounds of arrears of rent and also for bona fide and reasonable requirement of the suit premises for his own use and occupation.

(3.) The present suit was filed on February 13, 1969, bearing Civil Suit No. 73 of 1969 in the Court of the Civil Judge (Junior Division) Thane. The learned trial Judge after framing issues and recording evidence adduced by the parties, came to the conclusion after hearing the parties, on appreciating of the evidence that the tenant had committed defaults for more than 6 months and the landlord-plaintiff had proved his reasonable and bona fide requirement of the premises for his use and occupation. The said judgment and order passed by the trial Court was challenged in the appeal before the District Judge, Thane, who by his judgment and order dated December 11, 1973, confirmed the findings recorded by the trial Court. Against the said judgment and order passed by the learned District Judge, on December 11, 1973, the present Special Civil Application is filed by the petitioners-tenants under Article 227 of the Constitution challenging the legality and correctness of the said Order.