The Bombay High Court has delivered a judgment upholding the eviction of the tenant, Smt. Sakhubai Baburao Kadam, represented by her legal heirs, from a disputed property in Pune. The court dismissed the petition challenging the lower court's decree, which favored the landlord's claim of non-payment of rent. The tenant's defense, arguing that they attempted to pay the rent but were obstructed by the landlord, was found unconvincing. The judgment reinforces the importance of timely rent payments and the legal procedures for tenants to follow in case of disputes.

Introduction

This case concerns a prolonged legal battle between the heirs of the deceased tenant, Smt. Sakhubai Baburao Kadam, and the landlords over the possession of a property in Pune, Maharashtra.

Background

The tenant, Smt. Sakhubai, was allegedly in arrears of rent since August 1971. Despite several legal proceedings over the years, including previous litigation that reached the Supreme Court, the landlords continued their efforts to evict the tenant, citing non-payment of rent as the primary reason.

Trial Court Proceedings

The case was initially decided by the Third Additional Judge, Small Causes Court, Pune, which ruled in favor of the tenant. The court held that the tenant had made efforts to pay the rent, which the landlord refused to accept, and thus dismissed the landlord’s eviction suit.

Appellate Court Decision

The landlords appealed, and the 9th Additional District Judge, Pune, reversed the trial court's decision. The appellate court found that the tenant was indeed in default of rent payment for over six months and ordered the eviction, giving the tenant six months to vacate the premises.

High Court Judgment

The tenant’s legal heirs challenged the appellate court's decision in the Bombay High Court. However, the High Court upheld the eviction order, agreeing with the appellate court's findings that the tenant had defaulted on rent payments. The court noted that deposits made in court were not sufficient to nullify the claim of default.

Conclusion

The High Court’s judgment reaffirms the principle that tenants must adhere strictly to payment schedules and follow legal avenues for rent disputes. The decision emphasizes that failure to do so can lead to eviction, regardless of the tenant's intentions or difficulties in paying rent.