- (1.) The petitioners-plaintiffs purchased the suit property bearing CTS No.2640/C in Barshi town, Barshi Taluka, District Sholapur, measuring 9.7 square meters, on 06.09.1980. At the time of purchase of the property, the ancestor of the respondent-defendant (who has since expired, and is now represented by his legal heirs) was occupying the suit property as a tenant. The contractual rent thereof was Rs.36/- per month. Having purchased the aforesaid property, the petitioners issued a notice to the respondent, intimating him about the change in title. In spite of receipt of the attornment notice, the respondent did not tender any rent to the petitioners for the period from 1980 to 1982. The petitioners then issued a notice dated 01.05.1982, demanding arrears of rent at the rate of Rs.36/- per month. Despite of the receipt of aforesaid notice, the respondent did not tender any rent to the petitioners. In fact, through a communication dated 10.09.1982, the respondent took a stand, that he had filed an application for fixation of "standard rent", and as such, till the aforesaid application was disposed of, no rent was payable by him to the petitioners. Insofar as the issue of non-payment of rent, and the prayer made by the petitioners in the aforesaid notice for eviction from the premises are concerned, the stand adopted by the respondent was that he was not a defaulter for a period of more than six months, and as such, the notice issued by the petitioners was invalid under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as 'the Rent Act'). The assertion that the respondent was not a defaulter for more than six months, was based on yet another factual assertion, that the respondent had paid a sum of Rs.180/- by cash to the uncle of the petitioners, whereafter the respondent was not in default for a period of more than six months.
(2.) Consequent upon the denial by the respondent to tender any rent, the petitioners filed Regular Civil Suit No.420 of 1982. In the aforesaid Suit, besides the plea of eviction based on non-payment of rent, the petitioners also claimed the premises for their reasonable and bona fide need.
(3.) The respondent contested the aforesaid Suit by preferring a written statement wherein he reiterated, that the rent was not payable by him to the petitioners till the fixation of "standard rent". It was also his claim, that an application for determination of "standard rent" was pending. He also undertook to pay all arrears of rent, as and when the aforesaid application was disposed of. It is not a matter of dispute that the respondent had impleaded the petitioners, in the aforesaid application (for fixation of "standard rent") and for all intents and purposes, the petitioners participated in the proceedings pertaining to the fixation of "standard rent". On the issue of eviction based on non-payment of rent, the stand adopted by the respondent was that he had paid a sum of Rs.180/- by cash to the uncle of the petitioners, and on account of the said payment, the notice issued by the petitioners seeking eviction of the respondent on the ground of non-payment of rent, was defective.;