spb/- 1 cra-645-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL REVISION APPLICATION NO. 645 OF 2009 Nandkishore Lalchand Mehra ... Applicant/Petitioner. V/s. M/s. Phills Engineering Corporation & Ors. ... Respondents. --- Mr. S.M. Sakhardande, Senior Counsel i/by A.s.Malvankar for the Applicant/Petitioner. Mr. K.K. Malpathak for the Respondents. ----- CORAM : D. G. KARNIK, J. DATE : 02nd FEBRUARY, 2011. P.C. : 1 This civil revision application is directed against the judgment and order dated 4th April, 2008 passed by the Appellate Bench of the Small Causes Court, Mumbai, dismissing the Appeal filed by the Applicant -Landlord in a suit for possession. 2 Respondent nos. 1 and 2 are the tenants of the applicant. By a notice dated 3rd February, 2004, the applicant-landlord demanded payment of the arrears of rent from June 1997. As the notice was not complied with, the applicant filed a suit for possession on the ground of default in payment of rent. Before the trial court, the respondents spb/- 2 cra-645-09.sxw contended that they had been served with a garnishee order from the D.R.T. Bangalore, directing them to pay amount of rent to the creditor- Indian Overseas Bank and that they had paid the entire rent to the Indian Overseas Bank as per the garnishee order and they were not defaulters in payment of rent. The trial court accepted this defence of the respondents and dismissed the suit of the applicant. The lower appellate court confirmed the order of the trial court. 3 Before the trial court it was contended by the petitioner that the respondents were not entitled to pay rent to the creditors in pursuance of the garneshee order. Learned counsel for the petitioner, however, did not press it before me. The only point urged is that the respondents have not paid the full rent to the creditor even as per the garnishee order. Before the trial court the respondents had produced the receipts of payment made to the creditor -Indian Overseas Bank. The learned counsel for the applicant submitted that the details of the amount paid to the creditor- Indian Overseas Bank are not mentioned in the judgment and order and there was no evidence on record to show that the respondents had paid the entire rent. On direction of this court, the respondents have filed a statement of the amounts paid to the creditor- Indian Overseas Bank in pursuance of the garnishee order. The statement spb/- 3 cra-645-09.sxw gives particulars of date of deposit, the cheque numbers by which the amount was paid and the period for which it relates. The statement also gives exhibit numbers of the receipts which has been filed on record of the trial court. Perusal of the receipts produced on record and the statement clearly shows that the respondents had paid all the arrears of rent claimed in the demand notice to the creditor prior to the notice and they also continued to pay the rent till hearing of the suit. In view of this, the contention that the respondents had not paid the rent cannot be accepted. 4 There is no merit in the revision application, which is hereby rejected. [D.G. KARNIK, J.]