Bombay High Court
Mohanshet Purushottam Gujar vs Jayashri Vasantrao Mahagaonkar on 18 September, 1978
Equivalent citations: AIR 1979 Bom 202
Bench: S Desai
ORDER1. The petitioner before me is the tenant in a house situate at Shukrawar Peth, Pune 2; the number of the house is 836. The tenant was occupying one room therein at a small rent. The said house belonged prior' to 21st December 1966 to one Baburao Gokule. It is the respondent's case that by a deed of a sale dated 21st December 1966 executed on behalf of Gokule by his constituted attorney, one Yadav Krishnaji Konde, the said house was sold by Gokule to the respondent. The sale-deed is duly registered. This Konde purported to act on behalf of Gokule under a power of attorney dated 14th March 1966. The sale deed was Exhibit 90 and the power of attorney was Exhibit 89 in the trial Court. It appears that thereafter the new owner instituted several proceedings against the tenants in the said house. Ultimately after exchange of notice a number of suits were filed in all these suits the allegation was that the tenants were defaulters inasmuch as they failed to pay the rent to the new owner. The tenants had contended that the rent claimed was not payable to the respondent landlady, and this wae based on a letter addressed by Gokule actually contending that he remains to be the owner and that the sale-deed had been procured by the respondent by practising fraud. The tenants also raised disputes regarding their rente. Ultimately at the trial the respondent succeeded against some of the tenants including the petitioner before me but failed in respect of other tenants. In the case of the petitioner it was held that the respondent was the owner and entitled to the rent and that the dispute as to standard rent raised in the written statement was not available to the petitioner.
