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 that the payment was being made to the Respondent as the Muktyar or agent of the previous landlord. This money order was refused by the Respondent. On February 14/15, 1977, the Appellant filed a standard rent application in the Trial Court for fixing the standard rent of the premises under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act. 1947 which we shall refer to hereinafter as "the Bombay Rent Act". The Respondent filed a suit, being Regular Civil Suit No. 123 of 1977, in the Court of Civil Judge, Junior Division. Satara claiming arrears of rent and possession of the suit premises on the ground of non-payment of arrears of rent and bona fide requirement as contemplated under S. 12(3) and S. 13(1) respectively of the Bombay Rent Act. The issues in the said were framed by the Trial Court on Sept. 12, 1978. and that is accepted as the first day of hearing of the suit. Although the Appellant made applications on 24-12-1977. 15-1-1980. 9-12-1980 and 27-1-1981 for fixation of interim rent, the Trial Court passed an order only on Jan. 27, 1981 fixing the interim rent at Rs. 20 per month and gave directions to the Appellant to pay all the arrears of rent on or before Feb. 10, 1981, The Appellant deposited all the arrears of rent at the rate fixed by the Court for the period from 1-6-1976 to 31-1-1981 in the Trial Court on Jan. 29, 1981, that is, within two days from the date of order fixing the rent. The Appellant thereafter deposited the rent in the Trial Court as set out in the following manner :

C No. Receipt No. Date Amount Particulars

1269 1094 29-1-81 1158.60 June 1976 to February 1981

1416 1208 25-2-81 20.00 March, 1981

13 12 2-4-81 60.00 April, May, June, 1981

409 366 8-7-81 60.00 July, August, September, 1981

849 755 5-10-81 60.00 October, November,December, 1981

1322 1166 11-1-82 60.00 January, February, March, 1982

54 51 8-4-82 60.00 April, May, June, 1982

682 630 10-8-82 60.00 July. August. September, 1982

1153 1055 1-11-82 60.00 October, November.December, 1982

1728 1596 7-2-83 40.00 January, February, 1983

107 100 12-4-83 60.00 March, April, May, 1983

528 484 14-7-83 40.00 June, July, 1983

998 910 28-9-83 40.00 August, Sept, 1983

1213 1203 7-11-83 40.00 October, November, 1983

1689 1603 11-1-84 20.00 December, 1983

1635 1551 5-1-84 20.00 January, 1984

2079 1952 15-3-84 100.00 February to June, 1984

354 316 26-6-84 120.00 July to December, 1984

434 256 18-12-84 240.00 January to December, 1985

456 290 17-12-85 240.00 January to December, 1986

The Trial Court held that the Respondent had failed to prove that he was in bona fide need of the suit premises but passed a decree for eviction on the ground that the Appellant had committed default in payment of rent as contemplated under S. 12(3)(b) of the Bombay Rent Act.