Eknath Prabhu Naidu (Deceased) through L.R''s. vs Biru Ram Narayandas

Bhimrao N. Naik, J.—This is a petition filed by the landlord challenging the dismissal of the suit for possession.

Few facts which are relevant for the purpose of this petition are that deceased Eknath Prabhu Naidu was the landlord of the suit premises of which the respondent was the tenant. On 6th January, 1976 petitioner served notice of demand and the tenancy of the respondent was terminated by the landlord. It was a composite notice both of termination as well as notice of demand. The arrears claimed were at the rate of Rs. 12 per month from 1st February, 1974, The possession was also claimed on the ground of bona fide requirements. The notice was received on 9th January, 1976. Thereafter since the possession was not delivered the suit was filed for possession before the IInd Additional Judge, Small Causes Court, Pune, being Civil Suit No. 368 of 1978. It appears that prior to the filing of the suit respondent tenant also filed Misc. Application No. 709 of 1975 u/s 11(1) of the Bombay Rent Act for fixation of standard Rent. The trial Court on the question of bona fide requirement recorded a finding against the petitioner. However, the decree was passed on the ground of nonpayment of rent by holding that the tenant has not made regular payments.

Being aggrieved and dissatisfied by the aforesaid order, respondent tenant filed Civil Appeal No. 287/80 in the Court of the District Judge, Pune. The learned District Judge was pleased to accept the contention of the respondent that the tenant had made regular payments and hence there is a compliance of Section 12(1)(3) and accordingly the appeal was allowed and the judgment and decree passed by the trial Court was set aside.

Being aggrieved and dissatisfied by the aforesaid order the petitioner-landlord filed this petition under Article 227 of the Constitution of India.

Shri Singh learned Counsel appearing for the petitioner contended that the tenant has failed to establish that he has complied with the requirement of Section 12(1)(3)(b). He relied upon the decision reported in the case of Shah Dhansukhlal Chhaganlal Vs. Dalichand Virchand Shroff and Others, , and contended that the conditions u/s 12(3)(b) must be strictly complied with. Since the tenant has not made regular payments the Court must pass a decree for possession, As against this Shri Rane, learned Counsel appearing for, the tenant submitted that the report of the Nazir shows the various payments made by his client, both during the trial of the suit as well as before the Appellate Court. He relied upon the decision in the case of Mohan Laxman Hede Vs. Noormohamed Adam Shaikh, and contented that the word "regularly" appearing u/s 12(3)(b) has been explained by the Supreme Court and contented that all that is required is that the rent is required to be deposited by the tenant with a reasonable punctuality. He argued that if one goes through the report submitted by the Nazir the tenant has complied with the requirements as per the ratio laid down in Mohan Laxman Hede Vs. Noormohamed Adam Shaikh, .

I find considerable force in the submission of Shri Rane. Admittedly this is a case powered by Section 12(3)(b). There was already an application for determination of a reasonable rent and not only that in that the tenant had filed an application for deposit of the amount and the Court fixed interim rent at the rate of Rs. 6 per month and deposits were made according to that. It appears, even finally, the standard rent is determined at the rate of Rs. 6 per month. Hence I find that the tenant has sufficiently complied with the requirements of Section 12(3)(b). Hence the appellate Court was right in interfering with the judgment of the trial Court and dismissing the suit of the plaintiff. The ground of bona fide requirement is not pressed before me. In view of the above I dismiss the petition and discharge the rule. However, in the facts and circumstances of the case there shall be no order as to costs.

The statement and report of the Nazir filed by Shri Rane is taken on record and marked ''X''