Judgment

MOHAN, J. :- The short facts leading to this Civil Appeal are as under:

The original owner of suit property situate at Ramamaruti Road, Thane (Maharashtra) was one Omji Mulji.. He leased out three small flats having two rooms and a kitchen in favour of the appellant -company in 1963. The rent was fixed at Rs. 300/- plus Rs. 20 municipal taxes and Rs. 15/- water charges.

2. In 1968, Omji Mulji sold away the property to one Gavand. Thereafter, the appellant tendered the rent including the taxes to the said Gavand from 1968. In the same year of 1968, the municipal taxes were increased. The appellant paid a lump sum of Rs. 398.58 as rent. Due to further increase in the taxes, the appellant tendered Rs. 358.29 including taxes to the owner.

3. In the year 1975, the respondents came to purchase the suit property. Since then, the appellant had been paying regularly rent and taxes at the rate of Rs. 358.29 P.M.

4. The Advocate for the respondents issued a notice dated 27-7-1977 to the appellant terminating their tenancy and called upon the appellant to hand over vacant possession since the appellant was in arrears of permitted increases amounting to Rupees 5,650/ - from February, 1976.