1 CRR No.481/2002 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRA NO.481 OF 2002 VIKAS CHHATRAPATI PANDE VERSUS SHYAMSUNDAR KASHINATH ZAVAR ... Advocate for Petitioner : Mr.S B Yawalkar Mr.VD Sonawane, Adv. for sole Respondent ***** CORAM : K.U.CHANDIWAL, J. DATE : 5th DECEMBER,2011. PER COURT : 1) Heard. The tenant has challenged the order of eviction. The Courts have recorded him to be in arrears. Bonafide requirement of the landlord is not proved. The remittances indicated by the tenant, on assessment by the learned District Judge, were found not in tune with the Scheme of Section 12(3) of the Bombay Rent Act. 2) The another feature in the matter is, after hearing both the learned Counsel, the matter was adjourned for two occasions to inform this Court as to whether after the eviction decree dated 14th September, 1999 and confirmed by the Appellate Court on 22nd March, 2002, the appellant, as tenant, has remitted the future rent. Mr.Yawalkar, on instructions, informs there is no such payment. A rider is put by Mr. Yawalkar that the tenant has attempted, however, could not succeed. 2 CRR No.481/2002 3) Taking this aspect into consideration, it is explicit that the tenant was in arrears of Rs. 8040/-, which, both the courts recorded in affirmative. The tenant was also required to pay other charges in terms of compliances of Section 12 of the Bombay Rent Act. The tenant has made payment belatedly on 5.6.1995. It indeed could not be treated to be first day of hearing, as the suit proceeded ex parte and then ex parte order was set aside. 4) The interest allegedly deposited by the tenant of Rs.1594/- was dated 22nd April, 1999. Consequently, he could not take shelter and umbrella even of compliance of Section 12(3) of the Rent Act. The observations of both the courts, therefore, do not call for any interference. The decree for eviction is confirmed. 5) Heard. The revision applicant/tenant is permitted to vacate the suit premises on or before 31st March, 2012. However, he will have to remit regular rent including clearing the arrears, if any. The rent and arrears of rent to be cleared up to 28th February, 2012. CRA dismissed, rule discharged. No costs. (K.U.CHANDIWAL) JUDGE bdv/