- (1.) This petition has been filed against the order dated 04.09.2012, passed by the learned Civil Judge (Jr. Div.) Gangapur City dismissing an application under Section 151 CPC filed by the defendant-petitioner (hereinafter 'the defendant-tenant') praying that the plaintiff-respondent No.2, (hereinafter 'the plaintiff-landlord') be directed to accept the payment of outstanding amount on account of rent payable by the defendant-tenant to the plaintiff-landlord.
(2.) The facts of the case are that the plaintiff-landlord filed a suit under Order 7 Rule 1 CPC stating that he was the landlord of a shop tenanted by the defendant-tenant at a rent of Rs.900/- per month. It was stated that albeit the defendant-tenant had paid the agreed rent of Rs.900/- per month upto 26.07.2008 yet he had thereafter failed to pay outstanding rent for a period of three months upto 25.10.2008, defaulted and was in arrears for an amount of Rs.2700/-. Thus the defendant-tenant had breached the terms of the lease whereupon the lease had been terminated by notice dated 14.11.2008, delivered on 15.12.2008 as required under Section 106 of the Transfer of Property Act, 1882 (hereinafter 'the Act of 1882') and was liable to be evicted. Aside of the aforesaid, it was submitted that the plaintiff-landlord also required the tenanted premises for his own bona fide and reasonable necessity. In spite of the duly receipted notice aforesaid under Section 106 of the Act of 1882, the defendant-tenant had failed to vacate the tenanted premises within one month thereafter. It was submitted that as at the time of filing of the suit in January, 2009, the defendant-tenant was in arrears of rent for five months consequent to which the plaintiff-landlord apart from being entitled to an order of eviction, was also entitled to a money decree for the outstanding rent due along with interest thereon
(3.) The defendant-tenant filed an application before the court below on 09.05.2012 stating that during the pendency of the suit, he had made various failed attempt to makeover the outstanding rent due to the plaintiff-landlord by various methods including by cheques, demand drafts and also sending of money order. It was submitted that the defendant-tenant was willing to pay even the enhanced rent if so required by the plaintiff-landlord. It was further averred in the application that the plaintiff-landlord was not adjusting against rent due an aggregate amount of about Rs.16,000/- on various counts including electricity charges paid for on his behalf by the defendant-tenant and use of material supplied by the defendant-tenant to the plaintiff-landlord for the construction of his house. In the context of the facts averred in the application moved on 09.05.2012 by the defendant-tenant, it was prayed that the court issue a direction to the plaintiff-landlord to accept the outstanding amount of rent.;