HARI BHURAJI MAHAJAN Vs. RAJENDRA SHANKAR DAWKNOR

JUDGEMENT

(1.) By this petition, petitioners seek to impugn judgement rendered by the learned Additional District Judge, in Regular Civil Appeal No. 311/1986) whereby appeal preferred by the respondents came to be allowed and decree for dismissal of their suit for eviction (R.C.S. No. 448/1983) was reversed.

(2.) Indisputably, the petitioners are tenants in respect of a house property bearing City Survey No. 2286, to the extent of one (1) room as described in the claim clause, situated in ward No. 1 at Shrirampur. The respondents are the original plaintiffs and are landlords of the house property. The standard rent is Rs. 30/- p.m. The tenancy month commences from first day of each calender month.

(3.) The respondents filed suit for eviction alleging that the petitioners had committed willful default in payment of the rent. They asserted further that they were in need of the suit premises for bonafide and personal use. They issued quit notice dated 30-8-1983 and called upon the petitioners to vacate the suit premises by end of the next calender month. The petitioner No. 1 gave reply to the quit notice on 29-9-1983 and separately filed an application for fixation of standard rent. The petitioners denied that the agreed rent was Rs. 40/- p.m. as alleged. They further denied that they were willful defaulters. They contended that they had paid the rent from 1-9-1981 till February, 1983, but the respondents did not issue rent receipts. They were not in the arrears of the rent, nor ground of bona fide requirement is legal and proper. Consequently, they sought dismissal of the suit.