SHRI HARICHANDRA M.VAISHYA Vs. HABIB KASAM PUNJAB
LAWS(BOM)-2017-11-41
HIGH COURT OF BOMBAY
Decided on November 02,2017

Shri Harichandra M.Vaishya Appellant
VERSUS
Habib Kasam Punjab Respondents

JUDGEMENT

G.S.KULKARNI,J. - (1.) In this petition under Article 227 of the Constitution, the petitioner is the original defendant (tenant) in Regular Civil Suit No.65 of 1991, filed by the respondent/plaintiff (the landlord), before the Court of Civil Judge, Junior Division, Palghar, District - Thane.
(2.) The petitioner is aggrieved by the concurrent findings against him in the judgment of the learned Trial Judge decreeing the respondent's suit for possession on the ground of arrears of rent, as confirmed by the learned appellate Judge, by the impugned judgment and order dated 13th July 1998 passed in Civil Appeal No.215 of 1996.
(3.) In nutshell, the facts are:- The suit premises is a wooden gala (cabin) adjacent to the house of one Alibhai Kasambhai Bhimani, admeasuring 20' x 20' on the western side, in 'A' ward on Survey No.215 (for short, the 'suit premises'). The suit premises were let out to the petitioner's father on a monthly rent of Rs.120/- to conduct the business of selling vegetables. After the death of the petitioner's father, the respondent allowed the petitioner to continue to be the tenant of the suit premises. The agreed rent was Rs.120/- per month. The tenancy commenced on the first day of the month. The petitioner had paid rent upto 28th February 1987 and was a defaulter in payment of the rent till filing of the suit on 26th July 1991. ;


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