R. S. PATHAK, N. D. OJHA, M. H. KANIA
Mohan Laxman Hede – Appellant
Versus
Noormohamed Adam Shaikh – Respondent
Judgment
KANIA, J. :- This is an Appeal by a tenant against a decree for eviction passed against him at the instance of the Respondent who is the landlord. The Appeal has been preferred pursuant to Special Leave granted by this Court under Art. 136 of the Constitution.
2. In view of the short controversy before us, the relevant facts can be very briefly stated.
3. The Appellant took the tenancy of the premises in question namely shop in a house bearing CTS No. 168. Bhavant Peth, Satara City in Maharashtra on an agreed rent of Rs. 22 per month. Apart from the rent, a sum of Rs. 2.20 per month was payable on account of Education Cess. The Respondent purchased the said house on Dec. 3. 1976 and on the next day the previous owner of the said house informed the Appellant that the property was sold to the Respondent and the tenancy was attorned and further stated that the Appellant was in arrears of rent from 1-6-1976 to 30-11-1976. On Jan. 11, 1977, the Appellant received a notice from the Respondent dated Jan. 10, 1977 demanding the arrears of rent from the Appellant. On Jan. 17. 1977, the Appellant sent a money order to the Respondent for the arrears of rent but the money order stated th
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