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1995 DIGILAW 298 (BOM)

Mohammed Iqbal Gulam and another v. Abdul Rajjak Lalmiya

1995-06-16

R.G.VAIDYANATHA

body1995
JUDGMENT - R.G VAIDYANATHA, J. :---This is a petition filed by a tenant challenging the Judgment and Decree dated 19-2-1994 in Civil Appeal No. 257 of 1991 on the file of the District Judge, Nasik. 2. The respondent landlord filed an eviction suit against the petitioners on many grounds. After trial, the trial Court held that landlord has failed to prove any of the contentions and dismissed the suit. The matter was taken up in appeal where the District Judge who also held that the plaintiff has failed any of the four grounds which were pressed before him. Being aggrieved by that order, the plaintiffs have come up with this writ petition. 3. In this petition the learned Counsel of the petitioners has challenged only one finding of the District Judge namely, that the tenant had committed breach of the conditions in the lease deed in not vacating the suit premises as agreed in the lease deed. It appears there is one condition in the lease deed under which the tenant had agreed to vacate the suit premises as and when required by the landlord if he desires to put up any construction. According to the landlord since on demand the tenant failed to vacate the premises he had committed breach of lease deed and therefore, he is liable for eviction under section 12(1) of the Bombay Rent Act. 4. In my view the contention of the landlord is misconceived. What section 12(1) of the Bombay Rent Act provides is that the landlord shall not be entitled to the recovery of possession of any premises so long as the tenant pays, or is ready and willing to pay, the amount of the standard rent and permitted increases, if any, and observes and performs the other conditions of the tenancy, in so far as they are consistent with the provisions of this Act. The very purpose of the Rent Act is to control eviction and to put up an end to unlawful eviction at the hands of the landlords. That is why the Rent Act has provided certain conditions under which the landlord is entitled to get an order of eviction. The grounds of evictions are mentioned in section 13 of the Bombay Rent Act. This particular claim made by the landlord does not come within any of the conditions mentioned in section 13 of the Rent Act. That is why the Rent Act has provided certain conditions under which the landlord is entitled to get an order of eviction. The grounds of evictions are mentioned in section 13 of the Bombay Rent Act. This particular claim made by the landlord does not come within any of the conditions mentioned in section 13 of the Rent Act. The learned Appellate Judge has considered this matter has given a correct finding that the landlord has failed to make out his case. In my view, no ground is made out for interference by this Court. 5. In the result the petition is rejected at the admission stage. No costs. Petition rejected. *****