IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO 27 OF 2009 IN WRIT PETITION NO 8179 OF 2005 ALONGWITH CIVIL APPLICATION NO 32 OF 2009 IN WRIT PETITION NO 8180 OF 2005 Kantilal K. Jhalani .. Applicant V/s. Vithaldas B. Karwa .. Respondent Mr. B.H. Vyas for Applicant Ms. Leena Sawant for Respondent CORAM : A.M. KHANWILKAR, J DATE : 06th February, 2009. P.C.: 1. Heard counsel for the parties. By these applications, landlord prays that Writ Petition be dismissed on account of default committed by the tenant in paying monthly rent regularly. The Applicant / landlord has made statement Ex. II to indicate that the tenant is in arrears for over sum of Rs. 70,655/-. This assertion of landlord is 1 contested by the tenant. According to the tenant, the rent payable in respect of suit premises was always understood to be Rs. 125/- per month and that the tenant has already paid the entire amount regarding arrears as well as future rent by depositing sum of Rs. 88,833.27 on 27.02.2006. Besides the deposit, regularly made in the Trial Court from time to time till December 1997. I find merit in the argument of the Respondent / tenant that basis of which computation has been done by landlord in Ex II is not proper. The landlord has assumed certain figures without substantiating the same. Significantly, the amount now claimed by the landlord in sum of Rs. 403/- per month is to be accepted as it is, even then the deposit made by the tenant in sum of Rs. 88,333/- on 22.02.2006 would far exceed the liability of tenant. In other words, that amount is in nature of advance payment made by the tenant and not a case of default. Hence, these applications are dismissed. (A.M. KHANWILKAR, J) 2