VISHWANATH BHALANATH YADAV Vs. SUNDERBAI SOPANRAO DALVI

JUDGEMENT

(1.) THE respondent landlady owns house No. 959, at Sadashiv Peth, Pune, and two rooms out of this house were let out to the petitioner-tenant in the year 1942 for the purpose of residence. The tenancy of the petitioner was terminated and suit was instituted in the Small Causes Court at Pune by the landlady for recovery of possession on several grounds, including default and acquisition of suitable alternate accommodation.

(2.) THE landlady carried appeal before the District Court, Poona and at the hearing of the appeal, an application was made for additional evidence as the petitioner had acquired a flat in Plot No. 580/1-A at Gultekadi and which consists of 4 to 5 rooms. The tenant did not dispute the acquisition of the flat, but claimed that it was acquired in the name of his second wife Parvati. The lower Appellate Court instead of remanding the matter for recording fresh evidence proceeded to examine whether the acquisition of the Gultekadi flat would render the tenant to eviction under Section 13(1)(i) of the Rent Act. The lower Appellate Court held that this Gultekadi flat along with accommodation in House No. 1178 Sadashiv Peth was suitable accommodation acquired by the tenant and, therefore, decree for eviction should be passed. The lower Appellate Court further held that though the provisions of Section 12(3)(a) of the Rent Act are not applicable, the tenant had not even complied with the requirements of Section 12(3)(b) of the Rent Act as rent was not deposited during the pendency of the proceedings from month to month. The decree passed by the lower Appellate Court is under challenge in this petition filed under Article 227 of the Constitution of India.

(3.) ACCORDINGLY , the petition fails and rule is discharged with costs. Petition dismissed.