CHILVAYYA MENNU SHETTY Vs. BHAUSAHEB SALALARAM KEVATE

JUDGEMENT

(1.) THE Petitioner is the tenant who suffers decree for eviction, passed by the trial court confirmed by the appellate Court from the suit premises i. e. House No. 163 Shukrawar Peth, Pune.

(2.) THE decree for eviction was passed against of arrears of rent. Having conceded that there was arrears of rent, the learned counsel or the Petitioner Mr. Anturkar only urged before me that the eviction of the tenant cannot be ordered merely because he is in default of payment of arrears of rent without terminating his tenancy. He refers to Section 12 of the Bombay Rents Control Act, 1947 particularly sub Section 2 of Section 12 which reads as follows :

(3.) MR. Anturkar has contended that the since Sub Section 2 of Section 12 refers to 106 of Transfer of Property Act, notice of termination as appeared in the first part of the Section 106 of the Transfer of Property Act has to be complied with. In other words, he says that by notice before filing the suit for eviction against tenant, should have terminated the tenancy as contemplated in the former part of section 106 of the Transfer of Property Act.