VINAYAK ALIAS JANARDAN TODANKAR Vs. MURLIDHAR RAMCHANDRA KOWLI

JUDGEMENT

(1.) THE petitioner instituted R. A. Declaratory Suit No. 5293 of 1971 in the Court of Small Causes, Bombay, for a declaration that he is the tenant of the Room No. 3/2, Street No. 18, Cadel Road, Dadar, Bombay. The respondents, as the legal representatives of a Ramchandra Kowli, are the owners of the building. The petitioners claim is based on section 5 (11) (c) of the Bombay Rents, Hotel and Loding House Rates Control Act, 1947, hereinafter referred to as "the Bombay Rent Act". According to him, he was residing with the deceased tenant Tukaram Achrekar as his heir from 1957 to 2nd August, 1966 when the latter died. The trial Judge, by his judgment dated 31-1-1981, decreed the claim. In Appeal No. 190 of 1981, the Appellate Bench of the Court of Small Causes reversed the decree and dismissed the suit. The decree of the Appellate Bench is impugned in this petition. In this judgment, the petitioner is referred to as the plaintiff", the respondents as "the Defendants" and the deceased tenant Tukaram as "achrekar".

(2.) THE facts necessary for decision of the questions arising in this petition are these. Achrekar was the admitted tenant of the suit premises. He died in Bombay on 2nd August, 1966. The plaintiff claims to be the son of Achrekars sister and contends that he was living with Achrekar at the time of his death. The oral evidence let at the trial consists of the testimony of the plaintiff and three witnesses. Shah (P. W. 1) is a grocer having a shop in the adjoining Room No. 2. Revdankar (P. W. 2), a Rationing Officer, was examined to prove the application for ration card made by the petitioner. Sapre (P. W. 3) is engaged in the business of photography and was examined to prove the signature of the plaintiff on the ration card (Exh. A ). The Defendants examined Ramchandra Kowli, the owner and the deceased father of the Defendants. The documentary evidence consists of Ration Card (Exh. A), School Leaving Certificate (Exh. F) Correspondence (Exh. G), Order of plaintiffs externment from Bombay (Exh. K) Eleztorol Roll (Exh. 6), Letter dated 10-4-1962 (Exh. J) addressed to the plaintiff by the Life Insurance Corporation of India to prove the plaintiffs residence at the suit premises, Electricity Bills (Exh. E) and so on.

(3.) THERE was a previous proceeding between the parties to which a reference is necessary as the main point urged in the petition depends upon the effect of those proceedings. The owner R. D. Kowli filed Ejectment Application bearing No. E/944 of 1966 (Exh. 17) against the plaintiff under section 41 of the Presidency Small Cause Courts Act (for short the P. S. C. C. Act) 1882. The plaintiff appeared through an advocate but led no evidence. His advocate advanced arguments. The Court allowed the application and made a decree of eviction against the petitioner under section 41 of the P. S. C. C. Act.