GULAB GANGARAM SHINDORE Vs. KUMARPAL SOMCHAND SHAH

JUDGEMENT

(1.) HEARD Mr. Thorat for the petitioner and Mr. Jahagirdar for the respondents.

(2.) PETITIONER is a landlord and respondents are the tenants. Impugned order was passed under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the "bombay Rent Act" ). The property is a house property situate within the Municipal limits of Nasik i. e. Municipal House No. 972 equivalent to C. T. S. No. 1438 situate in Bohorpatti, having shop premises on the ground floor admeasuring 15 x 15 with oata.

(3.) THE original respondent was the tenant of the petitioner on rent of Rs. 72/- plus Rs. 8. 64 as permitted increases. According to the petitioner, respondent was a habitual defaulter and therefore the petitioner gave notice dated 12-6-1978 calling upon the respondent to pay the arrears of rent. The notice was received by the respondent on 15-6-1978 but the rent was not paid and hence the petitioner filed the suit for eviction. This suit was decreed by the trial Court with costs and the respondent was directed to deliver vacant possession of the suit premises to the plaintiff and other reliefs. The respondent-tenant preferred an appeal before the District Judge, Nasik, which came to be ultimately allowed and the judgment and decree for eviction was set aside and the standard rent was fixed at Rs. 65/- plus permitted increases at Rs. 7. 05. The present petition is filed to challenge the appellate decree.