GIRISH GANGADHAR AGRAWAL Vs. JAGDISHCHANDRA AMRUTLAL WAKHARIYA

JUDGEMENT

(1.) This petition by tenant is directed against concurrent findings of the learned Civil Judge and the District Judge that the petitioner failed to pay arrears of rent, permitted increases, taxes and other service charges and thereby incurred ejectment under section 15 of the Maharashtra Rent Control Act.

(2.) The litigation has chequered history. The petitioner is admittedly a tenant in respect of a godown situated at Municipal House No. 168 in Ward No. 64 at Akola, owned by the respondent. The petitioner had filed a suit for permanent injunction against the landlord, his brother and two others, namely Nitin Kumar and Jagdishchandra. This suit bearing No. 808/1997 was for an injunction to restrain the landlords from obstructing the tenant's way to the godown. It was decreed on 10-7-1998. On 3rd January, 1999, the landlord sent notice stating that the tenant was in arrears of rent, demanding payment of arrears for a period from Diwali of 1998 to Diwali of 1999 @ Rs. 296.25ps. p.m. (= Rs. 3,555/-p.a. ) excluding taxes. The tenant disputed this by reply dated 21-1-1999 and stated that notice was issued only after receiving a summons in a suit filed by the tenant. The tenant filed Regular Civil Suit No. 662 of 1998against the landlord for accounts of advance rent paid @ Rs. 700/- per annum till 1984, @ Rs. 1,235/- per annum since 1984 and @ Rs. 2,235/- per annum since 1996.

(3.) Thereafter the landlord again served another notice on 14-4-2001 stating that the tenant was in arrears of rent and calling upon the tenant to clear the arrears of rent, taxes, service charges and repairing charges immediately without specifying the exact amounts. This notice was replied by the tenant on 28-4-2001 informing that the rent was Rs. 1,320/- per annum and not Rs. 296.25ps. per month. It was also contended that the tenant had been paying advance rent to the landlord for a number of years, which had not been appropriated by the landlord towards future rent and therefore, the tenant had filed the suit for accounts and injunction in the month of August, 1998 where after the landlord issued notice in order to create false evidence of non-payment. All the same, in order to avoid complications the tenant claimed to have sent cheque of Rs. 3,960/- towards rent for Samwat years 2055, 2056 and 2057 and Rs. 1,740/- towards taxes for three years. The landlord replied that he would be encashing those cheques under protest and without prejudice to his rights, which was objected to by the tenant by issuing notice dated 23-5-2001. It seems that eventually the cheques were not encashed.