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2015 Supreme(SC) 1018

JAGDISH SINGH KHEHAR, R.BANUMATHI
FARUK ILAHI TAMBOLI – Appellant
Versus
B. S. SHANKARRAO KOKATE(D) BY LRS. – Respondent


JUDGMENT

JAGDISH SINGH KHEHAR, J.

1. The petitioners-plaintiffs purchased the suit property bearing CTS No.2640/C in Barshi town, Barshi Taluka, District Sholapur, measuring 9.7 square meters, on 06.09.1980. At the time of purchase of the property, the ancestor of the respondent-defendant (who has since expired, and is now represented by his legal heirs) was occupying the suit property as a tenant. The contractual rent thereof was Rs.36/- per month. Having purchased the aforesaid property, the petitioners issued a notice to the respondent, intimating him about the change in title. In spite of receipt of the attornment notice, the respondent did not tender any rent to the petitioners for the period from 1980 to 1982. The petitioners then issued a notice dated 01.05.1982, demanding arrears of rent at the rate of Rs.36/- per month. Despite of the receipt of aforesaid notice, the respondent did not tender any rent to the petitioners. In fact, through a communication dated 10.09.1982, the respondent took a stand, that he had filed an application for fixation of "standard rent", and as such, till the aforesaid application was disposed of, no rent was payable by him to the petitioners.

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