JUDGMENT - Gadgil J.-This petition was referred to the Division Bench by Masodkar J., by his order dated September 21, 1982.

2. The matter pertains to the eviction proceedings taken out by the landlord (hereinafter referred to as “the Plaintiff”) against the tenant Chhaganlal Mulchand Jain thereinafter referred to as “the defendant”) under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as “the Rent Act”). The premises in question consist of two rooms and an adjoining tin-shed in a house bearing; CTS No. 1276/B in Lane No. 3, at Dhulia. The house is owned by the plaintiff and on August 6, 1967, the defendant took the premises on a. monthly rent of Rs. 35. The defendant fell in arrears from December 1, 1960, and hence the plaintiff gave a notice dated “April 15, 1972, calling upon the-defendant to deliver possession and asking him to pay all the arrears. The defendant did not give any reply. However, he sent Rs. 525 by money order to the plaintiff. The plaintiff then filed Regular Civil Suit No. 237 of 1972 in the Court of the Civil Judge, Senior Division, Dhulia, for possession and claiming arrears,

3. The suit was resiste

Click Here to Read the rest of this document