Tenant Evicted for Failing to Pay Rent Despite Notices

Background

In this case, the plaintiff (Mohamudkhan Kadar Khan Pathan) filed a civil suit against the defendant ( Ibrahim Shaikh Mohamad ) seeking recovery of possession of the rented premises and arrears of rent. The plaintiff claimed that he became the landlord of the property after the death of the previous owner, Hafizabi Kadar Khan Pathan, and that the defendant had failed to pay rent since January 1975.

Arguments

The defendant argued that he had been paying rent to one of the other heirs, Abdul Gani Khan , and that the plaintiff had no right to demand rent from him. The defendant also claimed that the notice demanding rent was not properly served on him.

Court's Analysis and Reasoning

The court found that the defendant had acknowledged the plaintiff's status as the landlord in a letter dated December 14, 1974, and that the defendant's claim of paying rent to Abdul Gani Khan was not supported by any evidence. The court also held that the notice demanding rent was properly served on the defendant, as evidenced by the envelope being returned with the remark "refused."

The court further noted that the defendant had failed to deposit the arrears of rent or the current rent during the pendency of the suit, as required under the Bombay Rent Act. The court held that the defendant's conduct in questioning the plaintiff's title and selectively recognizing the title of Abdul Gani Khan was "quite imprudent."

Decision

The court dismissed the defendant's writ petition and upheld the concurrent findings of the lower courts, which had decreed the plaintiff's suit for recovery of possession and arrears of rent. The court held that the defendant's failure to comply with the requirements of the Bombay Rent Act, including the failure to deposit the arrears of rent and the current rent during the pendency of the suit, left the court no choice but to pass a decree of eviction against the defendant.