ACHUT PANDURANG KULKARNI Vs. SADASHIV GANESH PHULAMBRIKAR
LAWS(BOM)-1972-3-1
HIGH COURT OF BOMBAY
Decided on March 23,1972

ACHUT PANDURANG KULKARNI Appellant
VERSUS
SADASHIV GANESH PHULAMBRIKAR Respondents

JUDGEMENT

- (1.) THIS special civil application is directed against the concurrent findings of the 2nd Additional Judge, Small Causes Court, Poona, dated April 23, 1969 and of the Assistant Judge, Poona, dated November 19, 1969, that the premises in dispute between the Petitioner-tenant and Respondent-landlord "having not been used without reasonable cause for the purpose for which they were let for a continuous period of six months immediately preceding the date of the suit", the landlord was entitled to recover possession of the premises under Section 13 (1) (k) of the Bombay Rent Act.
(2.) THE landlord filed a suit against the tenant on the ground that the tenant was a Government servant, who was transferred to Sholapur and was staying in Sholapur with his family for more than a year before the suit and had, therefore, kept the suit premises unused for more than six months before the date of the suit. The landlord terminated the tenancy by a notice dated February 13, 1967, and filed the suit for possession and for recovery of rent from April 1, 1967, as the tenant had paid rent up to the end of March, 1967.
(3.) THE suit was resisted by the tenant. He denied that he locked the premises and did not use them for residential purpose for more than six months as alleged by the landlord. He contended that he was temporarily transferred to Sholapur. He denied that he and his family stayed at Sholapur and that at Sholapur he had secured residential premises. he submitted that during the period of transfer, his family stayed in the suit premises. He also prayed for fixation of standard rent; but he gave up the claim for fixation of standard rent by purshis, Exh. 61.;


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