Indrapal Singh Haricharan Singh ... vs Sampat Dukhi Pal (Since Deceased ...
2023 Latest Caselaw 10560 Bom

                                                                        1 wp 6979-18 D.doc


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                                WRIT PETITION NO. 6979 OF 2018

             Indrapal Singh Haricharan Singh
             (since deceased Thr. LRs)
             and Anr.                                                 ..Petitioner/s

                            v/s.

             Sampat Dukhi Pal
             (since deceased thr. Lrs.)                               ..Respondents

             Mr. Amit Mishra for the Petitioner/s.
             Mr. Ram Singh a/w. Ankur Jain for the Respondent Nos.1(b), 1(c)(i) to
             1(c)(iv) and 1(d).
             Ms. Suchita Pandey for the Respondent No.1(b) 5.

                                          CORAM : ANUJA PRABHUDESSAI, J.

DATED : 11th OCTOBER, 2023.

P.C.

1. At the outset, learned Counsel for the petitioner seeks leave to

amend the prayer clause as to enable him to raise challenge to the

judgment of the trial court in RAE Suit No.1829 of 1981. Since the

petition is still at the stage of admission, leave granted to amend.

Amendment to be carried out forthwith.

2. The petitioner has filed this petition under Article 227 of the

Constitution, challenging the judgment and decree of eviction dated

23.02.2010 in RAE&R Suit No. 579/1829/1989 and dismissal of the

appeal vide judgment dated 03.02.2018.

3. The respondent landlord filed eviction proceeding mainly on the

P P SALGAONKAR 1 of 2 1 wp 6979-18 D.doc

ground that the petitioner was in arrears of rent since 1965. That he was

duly served with notice, despite which he failed to clear the rent. The

respondent has disputed that he was in arrears and further denied

issuance of demand notice. It is true that both the courts below have

recorded concurrent findings that the petitioner was in arrears of rent and

that there was proper service by virtue of Section 27 of the General

Clauses Act.

4. It is alleged that the petitioner had not paid rent since 1965. It is

not in dispute that prior to 1981 the respondent landlord had not issued

any notice to the petitioner demanding payment of arrears of rent. The

respondent has also not placed on record counter foils in respect of

payment of rent till 1964. The question of service of notice also needs

consideration.

5. Arguable points are raised. Hence Rule.

6. Advocate Mr. Ram Singh waives service on behalf of the

respondent.

7. Call for the record and proceedings.

8. Parties are put to notice that since the suit is of the year 1981, an

endeavor will be made to decide the petition as expeditiously as

possible.

9. To be listed on board, on 02.11.2023 for hearing.

                                                                       (ANUJA PRABHUDESSAI, J.)

Signed by: P.P.Salgoankar
          P PPS
Designation:  SALGAONKAR
                To Honourable Judge                                                                     2 of 2
Date: 13/10/2023 15:24:47