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1999 Supreme(Bom) 77

T.K.CHANDRASHEKHARA DAS
Yeshwant Subrao Bidkar – Appellant
Versus
Shikandar Allabaksha Nagaraji – Respondent


JUDGMENT - T.K. CHANDRASHEKHARA DAS, J.:---Mr. R.D. Sawant, Advocate, holding for Dilip Bhosale, appeared for the petitioner. None has appeared for the respondent.

2. This petition arises out of an application filed by the petitioner landlord for eviction of the respondent tenant on the grounds of arrears of rent, bona fide requirement for own occupation of the landlord and also for the reconstruction, as the building is in very dilapidated condition. All these grounds have been accepted by the trial Court and an eviction was ordered. On Appeal, the order of the trial Court was reversed. As regards the arrears of rent, during the period of revision against the order, fixing the standard rent was pending, the lower Appellate Court observed that when the revision is pending against the order of fixation of standard rent, one cannot hold technically that the tenant is in arrears. The learned Counsel for the petitioner, however, contended that the proper course for the tenant would have been to express his willingness before revisional Court that he is ready and willing to pay the arrears of rent as soon as the revision is over. I do not think that the Appellate Court's reasoning is com





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