MANOHAR GANESH BHAGWAT Vs. DINKAR BALWANT DEODHAR

JUDGEMENT

(1.) The petitioner claims to be a tenant and in occupation of the premises being matter-garage in bungalow No. 768/6 in P.Y.C. Gymkhana, in the City of Pune. The monthly rent is Rs. 30/-. the petitioner has been staying there along with the members of his family. Respondent No. 1 landlord by his notice dated June 5, 1972, demanded arrears of rent with effect from 1st January, 1972. On getting the said notice, the petitioner-tenant sent a money order of Rs. 93/- to the landlord towards the arrears of rent and the said money order was accepted by the landlord. The petitioner tenant contended that certain repairs were effected by him and after having deducted the cost of these repairs, balance was sent by money order. The respondent filed a suit on July 12, 1972, in the Court of Small Causes at Pune, claiming possession of the suit premises from the petitioner and also for arrears of rent, future mesne profits and the cost of the suit.

(2.) The petitioner-tenant resisted the said suit, and denied the claim of the landlord. According to the petitioner, the plaintiff avoided to issue receipts even after payment of rents. The petitioner had carried out necessary repairs and he had incurred some expenditure in carrying out those repairs.

(3.) The suit was fixed for hearing before the II Additional Judge of the Court of Small Causes, Pune, on March 6, 1974. On that day, since the petitioner-tenant was absent on account of his illness, the Advocate for the petitioner filed an application seeking adjournment which was rejected by the learned Judge. The Advocate for the petitioner-tenant had no alternative but to give pursis of no instructions, and thereafter the learned Judge proceeded to decide the suit ex parte, received evidence of the plaintiff by way of an affidavit, and judgment and order was passed on March 7, 1974. The learned Judge also passed a decree in a sum of Rs. 224.75 p. towards the arrears of rent till the date of the suit. The petitioner-tenant having come to know of the ex parte decree, submitted an application on March 11, 1974, to the Court of the learned II Additional Judge of the Court of Small Causes, Pune, praying for setting aside the said ex parte decree and for restoration of the suit to its file and for deciding the same on merits in accordance with law. In the said application, the petitioner had submitted that he was ill on account of severe pain in his stomach and that he had been operated upon for ulcer and that he had gone to the hospital for being admitted from time to time. On the said application of the petitioner for restoration of the suit of its file, the Court passed an order for calling the records and Proceedings of the case on July 11, 1974. The Roznama shows that Records and Proceedings of the main case were called for on two subsequent days. Yadi appears to have been sent and thereafter the case was adjourned to July 25, 1974, on which date Records and Proceedings of the case were received and the case was adjourned for hearing on August 3, 1974. On August 3, 1974, when the matter was called out, the petitioner was absent, and, therefore, that application was dismissed for default on August 3, 1974.