D.M.REGE, J - (1.) This is a writ petition by the original plaintiff challenging the validity of the judgment and order of the Extra Assistant Judge, Thane, dated 15th July, 1980 in Civil Appeal No. 3 of 1979 dismissing the plaintiffs appeal and allowing the cross-objections of the defendant against the judgment and order of the Civil Judge, J.D., Kalyan dated 20-11-1978, dismissing the plaintiffs suit only on the ground of want of notice while holding other findings in favour of the plaintiff. It also challenges the validity of the judgment and order dated 5th March, 1981 of the II Extra Assistant Judge, Thane, dismissing the appeal by the plaintiff after it was revived only on the ground that along with the appeal cross objections of the defendant which were allowed ex parte were also not revived.
(2.) Few facts relevant for the disposal of this petition are as under : The respondent-defendant was a tenant of a Room No. 12 in a building belonging to the petitioner-plaintiff at Dombivali coming within the jurisdiction of the Kalyan Civil Court. Sometime in 1973, the defendant residing in the said premises was initially transferred to Lonawala and thereafter to Pune. During the time of his transfer the petitioner by his letter dated 27-6-1972 (Ex. 30) had informed the landlord that he was a tenant of Room No. 12 in his building, that he was transferred to Lonawala and that he did not require the said premises and hence he would be vacating the same and hand over vacant possession of the same to the landlord by about May 1973. He however pointed out that in case, he was transferred again to Bombay side within the said period, he would necessarily be requiring the said premises, for the use of his family members and in that event, he would request the landlord to give the said premises to him only with an intimation under a letter whereby the said letter was to be treated as cancelled.
(3.) Admittedly, the respondent-tenant was not transferred to Bombay by about May 1973 as mentioned in the said letter. The petitioner, there-after demanded possession of the premises from the respondent and on the respondents refusing to do so, he filed a suit in the Court of Civil Judge, J.D., Kalyan being Civil Suit No. 308 of 1973 for eviction and possession on the ground of the respondent having acquired suitable accommodation elsewhere.;