wp5774.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.5774/2011 Norman David Joseph. D. Namdas -vs- Sureshkumar Shankarlal Agrawal ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri S. D. Sirpurkar, counsel for the petitioners. CORAM : SMT. VASANTI A. NAIK, J. DATE : 09.12.2011. Heard. Both the Courts have concurrently held that the respondent-landlord was entitled to seek possession of the property under section 15 of the Maharashtra Rent Control Act, 1999. The petitioner, in the written statement, denied the receipt of the notice and had also denied that he had failed to pay the rent to the landlord. The landlord, however, proved that the notice was duly served on the petitioner-tenant and the petitioner was in arrears of rent. It appears that the petitioner paid the arrears of rent after a period of ninety days from the receipt of the suit summons. In this background, both the Courts found that the petitioner was a defaulter and the respondent was entitled to recover possession under the provisions of section 15 of the Maharashtra Rent Control Act, 1999. The findings recorded by both the Courts being pure wp5774.11.odt 2/2 findings of facts call for no interference in exercise of the writ jurisdiction. In the result, the writ petition fails and is dismissed with no order as to costs. JUDGE KHUNTE