VASANT GANESH DAMLE Vs. SHRIKANT TRIMBAK DATAR
SUPREME COURT OF INDIA
VASANT GANESH DAMLE
SHRIKANT TRIMBAK DATAR
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Sethi, J. -
(2.)The appellant-tenant was sought to be evicted from the leased premises on the ground of defaults in making the payment of the rent. The suit filed by the respondents-plaintiffs was dismissed by the trial Court on the ground that the respondents-plaintiffs had failed to establish that they were the landlords of the appellant. The respondents-landlords preferred an appeal against the judgment and decree of the trial Court which was allowed by reversing the findings of the trial Court in so far as the relationship of landlord and tenant was concerned. The appellant was held to be the tenant of the respondents. The appellate Court further found that as the appellant-tenant had defaulted in payment of rent, he was liable to be evicted from the leased premises. Aggrieved by the judgment of the appellate Court, the appellant approached the High Court by way of a writ petition which was dismissed vide the order impugned in this appeal.
(3.)Mr. U. U. Lalit, learned Advocate appearing for the appellant fairly conceded before us that in view of the fact that the appellant himself prayed for deposit of rent to avail the benefit of S. 12(3) of the Act, the appellate Court rightly held that he was the tenant of the landlords.
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