Heard.

Rule.

Rule returnable forthwith.

By consent of parties, matter is finally heard at admission stage.

The landlord is before this Court questioning the findings recorded by the learned District Judge-5, Nagpur in Regular Civil Appeal No.526/2006 whereby the learned Judge has set aside the decree dated 30-9-2006 of learned 2nd Additional Small Causes Court, Nagpur in R.C.S. No.100/2002.

The landlord initiated the proceedings against the respondent-tenant on the grounds-

(a) Change of business from the purpose for which it was let out;

(b) Sub-letting of the premises;

(c) Guilty of conduct which is a nuisance or annoyance to the adjoining or neighbouring occupier;

(d) Arrears of rent; and

(e) Not using the suit premises continuously for period of 6 months.

2. The learned counsel for the landlord and for tenant-respondent dwell upon two points, which ultimately germane after the judgment of the District Judge. The two points are -

(1) Whether in the circumstances it is proved that the conduct of the respondent-tenant is a nuisance or annoyance to the adjoining or neighbouring occupier in terms of section 16(c) of the Maharashtra Rent Control Act, 1999; and

(2) Whether the tenant was in arrears of the rent, giving scope in terms of section 15(2) and (3) of the said Act?

3. Learned counsel for the landlord-appellant read notice (Exh.63) which is nucleus in the matter to commence the eviction proceedings. Likewise, the learned counsel for the respondent dealt with the same to suit his way of submissions. The extracts of the notice relevant for the purpose of this case are illustrated as under -

"6) THAT, you are also irregular in the payment of rent to my client. You do not pay the rent to my client in spite of repeated demands and requests made by my client to you so as to cause wrongful loss to him and wrongful gain to yourself. To recover the rent from you, my client had to file a Distress Warrant Application No.83/99 wherein rent for the period 25-8-1998 to 24-2-1999 was recovered. Thereafter my client had filed another DW Application No.150/2000 wherein rent was recovered from you from the period 25-10-1999 to 24-6-2000. Even you have paid the rent in the Court in lots of installments causing great trouble and harassment to my client. My client is therefore entitled to terminate your tenancy on account of non-payment of rental amount on time. After 25-6-2000 you have not paid the rent to my client in spite of repeated demands and earlier notice dated 11-1-2001. You have thus to pay the arrears of rent to my client as and from 25-6-2000 to 24-4-2001

i.e. for 10 months which at the rate of Rs.1,100/- per month comes to Rs. 11,000%."

"By this notice, I do hereby called upon you the notice to immediately pay the arrears of rent amounting to Rs. 11,000% being the rent of 10 months from 25-6-2000 to 24-4-2001 within a period of fifteen days of the receipt hereof, failing which my client shall file distress warrant proceeding against you at your costs and consequences, which please note. Further my client also gets entitled to terminate your tenancy on this ground of non-payment of rent on time. My client accordingly terminates your tenancy on this ground also."

"7) THAT, since past 8 months you and your subtenant have left the tenanted premises and have stopped the use and occupation of the tenanted premises for more than six months. During this time till today, you have not even visited the tenanted premises even once. Thus the premises have not been used by you without any reasonable cause for the purpose for which it was let for a continuous period of six months. It shows that you do not need the tenanted premises and have kept the same locked so as to cause harassment to my client. My client accordingly terminates your tenancy on this ground also."

"Since you have breached the terms of agreement, my client does hereby terminate your tenancy over the said shop premises and you are hereby called upon to vacate the ten