DATTA KISAN BHALERAO Vs. MOHAN AMBAPRASAD AGNIHOTRI

JUDGEMENT

(1.) BY this petition, the petitioner challenges the concurrent findings recorded by the subordinate courts under the Bombay Rent Act holding that the petitioner has committed default in payment or rent.

(2.) THE learned counsel appearing for the respondent landlord has raised a preliminary objection to the hearing of this petition. According to the learned counsel, the petition already stands dismissed in view of the order passed by this court in the present petition dated 27-1-1994. The objection is that by an order dated 11-3-1987 the court had admitted the petition for final hearing and granted interim stay on usual terms. It is an admitted position between the parties that it is one of the terms of grant of stay in such matters that the petitioner tenant deposits in court the entire arrears together with the costs awarded by the courts below. As the petitioner did not deposit the arrears and also did not submitted the undertaking which he was required to do as a condition of the interim order passed by this court. This court on 27-1994 passed the following order :-"six weeks time granted to the petitioner to file the requisite undertaking before the trial court and deposit the arrears, if any. In the event of default, the petition to stand dismissed without any further orders. "

(3.) IT appears that thereafter a civil application was moved by the respondent landlord being Civil Application No. 1841 of 1994 which was disposed of by this court by its order dated 28-4-1994 and this court observed after quashing the order dated 27-1-1994 quoted above, as under :-