HAMID DAWAL BARGIR Vs. MOHAMEDAN EDUCATION SOCIETY

JUDGEMENT

(1.) BY this petition, the petitioner challenges the order dated 1st August, 1987, passed by the IIIrd Additional District Judge, Kolhapur in Civil Appeal No. 15 of 1983. That appeal was filed by the respondent challenging the order dated 11th November, 1982, passed in R. C. S. No. 1161 of 1977, by the 2nd Joint Civil Judge, Junior Division, Kolhapur. That civil suit was also filed by the respondent Mohamedan Education Society claiming to be the owner of the house bearing C. T. S. No. 1035 situated in "e" Ward, Kolhapur, and that the petitioner is a tenant in that house. The landlord claimed decree of eviction against the petitioner on the ground that the tenant is not ready and willing to pay the rent. The trial Court, however, recorded finding against the landlord and dismissed the suit. In the appeal filed by the landlord, however, the Appellate Court reversed the finding recorded by the Trial Court. The Appellate Court allowed the appeal, set aside the order passed by the trial Court and decreed the suit filed by the landlord for a decree of eviction against the tenant and directed the tenant to vacate the suit premises. Therefore, in this petition filed by the tenant, the order passed by the Appellate Court is challenged.

(2.) THE facts necessary for deciding this petition are that a demand notice dated 24th February, 1976, was issued by the landlord to the tenant demanding arrears of rent from March 1972 to January 1976. There is no dispute about the receipt of his notice. It is also not in dispute that within one month of the receipt of the demand notice, the tenant has not filed an application for fixation of standard rent. It appears to be the case of the petitioner tenant that after receiving the dammed notice, he paid an amount of Rs. 104/- on 23rd March, 1976 and according to him, on account of the repairs carried out in the suit premises with the permission of the landlord, the tenant had spent an amount of Rs. 441. 98 and therefore the tenant was entitled to the adjustment of the amount. The tenant also claimed adjustment of Rs. 39/- towards payment of rent because this was an amount given by him as deposit with the landlord. The tenant also claimed that he had sent an amount of Rs. 100/- by money order on 18th March, 1976, which the landlord has refused to accept.

(3.) THE learned Counsel appearing for the petitioner urged before me that the landlord was not entitled to demand arrears of rent from March 1972. In the submission of the learned Counsel, the landlord could have demanded arrears of rent for the period of three years preceding the service of the demand notice. In the submission of the learned Counsel, therefore, if the amount of Rs. 39/- as deposit with the landlord, Rs. 100/- paid on 18th March, 1976 and Rs. 104/- paid on 23rd March, 1976, are taken into consideration, then it has to be held that the tenant is not in arrears of rent.