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2011 Supreme(Bom) 414

V.M.KANADE
Parvatibai @ Hansabai Narayan Sawant – Appellant
Versus
Subhash Vishwanath Todankar – Respondent


Advocates Appeared:
For the Petitioner:P.G. Karande, Advocate.
For the Respondents:R1 to R3, H.P. Nagvekar, Advocate.

Judgment :

ORAL JUDGMENT:

1. Heard the learned counsel appearing on behalf of the Petitioner and the Respondents.

2. The Petitioner is the original tenant and the Respondents are the original landlords (for the sake of convenience, the parties shall be referred to as “the landlords and the tenant).

3. A notice of demand was sent by the landlords to the tenant dated 24.1.1981 claiming arrears of rent for the period from 1st January, 1980 to 30th April, 1981 at the rate of Rs.19.34 per month. No payment was made within one month from the date of service of notice of demand, nor any dispute was raised in respect of the standard rent by filing an application for fixation of standard rent claimed by the landlords by their notice of demand dated 24.1.1981, the landlords filed a eviction suit on the following grounds:

(i) arrears of rent for more than six months;

(ii) unlawful sub-letting, and;

(iii) nuisance and annoyance.

The Trial Court held that the landlords had proved that the tenant had not paid the amount demanded by the demand notice within one month and, therefore, was liable to be evicted from the suit premises. The Trial Court further held that the landlords had established t











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